Expert tips for investigating "sensitive" matters
Here are five tips for investigating potentially sensitive or personal issues at work, from experienced investigator and workplace lawyer, Brad Petley. » more »
Investigations & procedural fairness (224 items)
Handle complaints based on facts, rather than labels
Dealing with the facts of workplace complaints, rather than the "labels" given to behaviour, helps to resolve potential bullying issues quickly, says senior HR practitioner and employment lawyer, Nicole Gower. » more »
Clarify allegations before investigating
Missing details, vague terms and reference to rumours can render a workplace complaint "uninvestigable", says workplace consultant Lisa Klug. » more »
"False" bullying claim concerns distract from real issues
Employers should be far more worried about all the bullying claims that go unreported than they are about "spurious" ones, says academic and author Carlo Caponecchia. » more »
Webcast: How to conduct effective workplace investigations
Any report of unsatisfactory workplace conduct or performance needs to be investigated, says employment lawyer Brad Petley. This presentation outlines the steps to take to ensure your investigations meet the Fair Work Act's procedural fairness requirements. Petley covers:
- The role of the HR investigator;
- Your legal obligations during investigations;
- How to gather evidence and take statements from employees;
- How to conduct effective interviews;
- How to deal with evasive or untruthful witnesses;
- When not to conduct interviews;
- The impact of the Fair Work Act on investigation obligations;
- How to manage employees post-investigation; & more.
"Power in numbers" key to upward bullying
Bullied managers tend to "keep up appearances" rather than ask for help, so employers rarely identify when it is happening, says workplace investigator Harriet Stacey. » more »
Procedural fairness crucial when dismissing employees
Managing an under-performing employee requires a different process to managing one accused of misconduct, but some managers fail to recognise the distinction, says employment lawyer Amanda Harvey. » more »
Don't ignore anonymous or informal complaints
Many workplace policies make it hard for employers to investigate anonymous complaints, and should be redrafted, according to workplace investigator Lisa Klug. » more »
Dismissal process flawed, but not unfair: FWA
In a ruling that addresses some important issues on procedural fairness, Fair Work Australia has upheld a worker's dismissal for inappropriate conduct despite her employer's failure to provide her with all the information on which its decision was based. » more »
Bullying inquiry identifies procedural issues to beware of
An independent inquiry into an alleged bullying culture within WorkCover NSW has identified several "recurring issues" that all employers would do well to be mindful of. » more »
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The ways in which HR and other leaders can be held personally liable for workplace issues continue to evolve in light of recent legislation and court rulings. This webinar will unpack the key risks and how to mitigate them.
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