"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 »
Investigations & procedural fairness (289 items)
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 »
Go beyond your legal obligations in offering a support person
Day-to-day performance discussions do not usually warrant the offer of a support person, but if it's possible the matter will escalate, it's safer to err on the side of caution, says Macpherson+Kelley Lawyers principal Andrew Douglas. » more »
Q&A: Conducting effective workplace investigations
What should you do when an employee wants to complain about bullying "off the record"? What is the role of a support person during investigations? Should you re-open an investigation when an employee provides fresh evidence? Lawyer Brad Petley answers these questions and more. » more »
HR managers who don't do their "homework" risk breaking the law
HR managers need to understand how industrial instruments and relevant legislation affect disciplinary matters before tricky situations arise, says Alison Page, a legal advisor to Wise Workplace Investigations. » more »
Surveillance of worker's home internet use did not breach privacy laws
A government department that caught a senior employee accessing pornography on a work laptop at home, and out of work hours, did not breach privacy laws, the Federal Court has found. » more »
Procedural fairness hard to prove without investigation
Employers that fail to properly investigate workplace issues and complaints before taking action risk falling foul of the Fair Work Act's procedural fairness requirements, says workplace lawyer Brad Petley. » more »
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