Phil O'Brien
  • Sydney NSW
  • Australia

Phil O'Brien's Page

Profile Information

What would you like to share about yourself?
I am a highly experienced and skilled workplace investigator and trainer and lawyer who can take the stress out of conducting workplace investigations and provide you and your employees with up to date a relevant training in the areas of misconduct, Reasonable Management Action, performance management, bullying & harassment and other issues facing employers and workplaces.

You can contact me on 0409 078 322.
Company website/blog
Personal blog
How many employees in your company?
What areas of HR are you particularly passionate about?
Employment Law
Workplace Investigations
Performance management
Workplace training
What kind of networking are you open to?
Open networking, Referrals between friends

Phil O'Brien's Blog

Workplace Misconduct - Things to consider when terminating an employee

Posted on September 13, 2017 at 8:00 0 Comments

Recently an employee who was terminated for workplace misconduct as as result of drinking too much alcohol on Anzac Day and was awarded $8229.00 after the Fair Work Commission found that her dismissal was valid but none the less harsh under the circumstances.

Avril Chapman was employed by the Tassal Group. Her job  involved scaling, slicing, weighing and packing fish.  She had  been employed since 1 August 2012 and was terminated for workplace misconduct on 1 May 2017.

On 25…


Top Ten tips for conducting internal workplace investigations

Posted on July 26, 2017 at 8:00 0 Comments

When faced with issues of workplace misconduct or complaints or grievances employers have a duty of care to respond in a manner that ensures a safe working environment. – Read more about the duty of care

Generally when you receive a complaint you have 3 choices;

1. Outsource to an external investigator (See what the FWC had to say about outsourcing investigations…


Misconduct Investigation Allegation Letters

Posted on July 25, 2017 at 12:00 0 Comments

When AWPTI conducts an investigation we provide all the documentation including letters of allegation to our clients however I am often asked “Should we provide some sort of letter or email with the allegations?”

The answer is always YES.

Why: Recently I published an article about allegation letters, procedural fairness and why it is essential……


Unfair dismissal, serious misconduct & workplace investigations

Posted on July 24, 2017 at 8:00 0 Comments

When considering dismissing an employee for serious misconduct, employers must bare in mind the following;

  1. Does the alleged behaviour that resulted in dismissal reach the threshold of serious misconduct
  2. Have you conducted an investigation – do you have the evidence to support the decision to terminate?
  3. Does the punishment fit the crime?

More details of another case there the issue of the punishment fitting the crime was considered by the FWC – …


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