A recent decision of the NSW Civil and Administrative Tribunal raises interesting questions about how much reliance should be placed on the evidence of a witness who uses AI to prepare documents setting out their evidence.
Case review | Can the use of AI negatively impact credibility? Read More »
Secretary, NSW Department of Education v SafeWork NSW (No 2). This NSW Industrial Relations Commission decision shows that safety regulators are enforcing duties on employers to keep employees safe from psychological harm during workplace investigations, with improvement notices issued to address psychosocial risks.
Eight key workplace investigation trends dominated 2025, from escalating legal complexity and high internal investigation workloads to increased legal representation and a growing focus on person-centred investigations. This article explores what to watch for in 2026.
Workplace investigations: Trends and outlook for 2026 Read More »
Digital evidence from a wide variety of online sources is commonplace in workplace investigations.
KEY TAKEAWAYS: A workplace review is a diagnostic tool that can provide an independent, evidence-based assessment of a workplace culture and deliver actionable insights that go beyond standard employee surveys. A workplace review forms part of an organisation’s risk assessment processes. Organisations use reviews both reactively (such as addressing anonymous complaints and high staff turnover)
What’s the point of a workplace review? Aren’t they a bit ‘woo woo’? Read More »
KEY TAKEAWAYS: 1. Quality surveillance evidence can be valuable in workplace investigations, providing: independent and direct records of incidents precise timing and identification of witnesses high reliability compared to witness recollection 2. Surveillance evidence can also have important limitations, including: storage and retention constraints legal compliance requirements quality and visibility issues resource costs for extensive
KEY TAKEAWAYS: Five key workplace investigation trends dominated 2024 and developments to watch in 2025: Workplace investigations and internal investigation teams on the rise | 2025 outlook: demand will continue Increased involvement of WHS teams in sexual harassment and bullying investigations | 2025 outlook: cooperation between HR and WHS will be critical, particularly as workplace
What’s trending in workplace investigations and what’s the outlook for 2025? Read More »
KEY TAKEAWAYS: the types of workplace surveillance – such as wearable cameras, fingerprint or eye scanners, employee activity or logging monitoring – has exploded since COVID and with rapid advances in technology employers have a responsibility to provide a safe workplace and safeguard their employees’ right to privacy it is helpful for workplace investigators to:
KEY TAKEAWAYS: many business leaders are either unaware of the psychosocial risks associated with workplace investigations or unsure how to manage them, according to a global survey two key psychosocial risks present in a workplace investigation are: the content of the complaint; and the investigation process key workplace investigation controls identified in the Model Code
Psychosocial hazards and workplace investigations Read More »
KEY TAKEAWAYS: Recent decisions by Australia’s national Fair Work Commission (FWC) and state-based Tribunals and Commissions highlight five fundamental practices that investigators need to get right to conduct effective workplace investigations. 1| It goes without saying, procedural fairness is paramount and includes: acting quickly progressing investigations promptly holding separate witness interviews presenting clearly drafted allegations