Phil O'Brien
  • Sydney NSW
  • Australia
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Phil O'Brien's Page

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A blog post by Phil O'Brien was featured

Misconduct Investigation Allegation Letters

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…Read moreIn the case at the FWC of …See More
17 hours ago
A blog post by Phil O'Brien was featured

Top Ten tips for conducting internal workplace investigations

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 careGenerally 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 – …See More
yesterday
Phil O'Brien posted blog posts
yesterday
2 blog posts by Phil O'Brien were featured
Sunday
Phil O'Brien posted blog posts
Sunday
A blog post by Phil O'Brien was featured

Workplace Investigators behaving badly

The presence of bias be it actual or perceived during an investigation can derail the entire investigation and undermine any findings and recommendations.As I mentioned in the previous article, Workplace Investigation Biased process, complaint of bias are often raised relating to two areas, the investigation process itself or the investigation interviews.This article will examine…See More
Jun 27
Phil O'Brien posted blog posts
Jun 27
2 blog posts by Phil O'Brien were featured
Jun 26
A blog post by Phil O'Brien was featured

Workplace Investigation Allegations and Procedural Fairness

During the course of an investigation there comes a point where you must ensure that the person subject of a complaint is afforded procedural fairness.Failure to afford an employee Procedural Fairness can result in;Successful unfair dismissal action by terminated employees at the Fair Work CommissionOrders for compensation against the employerOrders for reinstatement of the terminated employeeNegative publicity and damage to brand imageNegative impact on the business in generalGeneral rules of…See More
Jun 22
Phil O'Brien posted a blog post

Workplace Investigation Allegations and Procedural Fairness

During the course of an investigation there comes a point where you must ensure that the person subject of a complaint is afforded procedural fairness.Failure to afford an employee Procedural Fairness can result in;Successful unfair dismissal action by terminated employees at the Fair Work CommissionOrders for compensation against the employerOrders for reinstatement of the terminated employeeNegative publicity and damage to brand imageNegative impact on the business in generalGeneral rules of…See More
Jun 21
Phil O'Brien posted a blog post

Workplace Investigation Questions to ask and not to ask

Workplace Investigation Questions and the question of what and how to ask questions during an interview.The interview is typically a means to gather evidence, to clarify point made in a complaint, to find out what people saw, heard or experienced and also an opportunity for the person subject who is the subject of the complaint to provide their side of the story.There are two key elements to the actual interview that are of paramount importance - asking questions and listening to the answers.It…See More
May 22
A blog post by Phil O'Brien was featured

Sexual harassment investigation – Grabbing an Employee and Sexually Propositioning her was Valid Reason for Dismissal

The Fair Work Commission dismissed a former Calvary Hospital office worker’s application for an unfair dismissal remedy. Link to caseAndrew Powell commenced employment with Calvary Public Hospital in an administrative role in September 2014. On 26 May 2016, Mr Powell was suspended without pay pending an investigation into allegations of serious misconduct.It was alleged…See More
May 19
Phil O'Brien posted a blog post

Sexual harassment investigation – Grabbing an Employee and Sexually Propositioning her was Valid Reason for Dismissal

The Fair Work Commission dismissed a former Calvary Hospital office worker’s application for an unfair dismissal remedy. Link to caseAndrew Powell commenced employment with Calvary Public Hospital in an administrative role in September 2014. On 26 May 2016, Mr Powell was suspended without pay pending an investigation into allegations of serious misconduct.It was alleged…See More
May 19
Phil O'Brien commented on Phil O'Brien's blog post Workplace Bullying Myth Busting
"Great info, thanks Bernie"
May 12
Phil O'Brien commented on Phil O'Brien's blog post Sexual harassment myth busting
"Agreed Bernie, You make some very valid points, I have developed a number of training programs one that deal with sexual harassment. http://awpti.com.au/employee-training/ It always amazes me how many people, staff and managers are not aware of…"
May 12
Bernard Keith Althofer commented on Phil O'Brien's blog post Sexual harassment myth busting
"Phil,  You identify some important myths when it comes to addressing sexual harassment. As  Sexual Harassment Referral Officer, I sometimes found that the initial inquiry was couched in terms that required some specific questioning. …"
May 12

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
http://www.awpti.com.au
Personal blog
http://www.awpti.com.au/blog
How many employees in your company?
1-49
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

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…

Continue

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……

Continue

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 – …

Continue

Summary dismissal – Do you have the grounds?

Posted on July 24, 2017 at 7:30 0 Comments

In light of the  XL Express Pty Ltd decision at the Fair Work Commission, I think it’s time to review Summary Dismissal. (More about XL Express here – http://awpti.com.au/unfair-dismissal-serious-misconduct-workplace-investigation/

Summary dismissal is dismissal without notice. It does not require advance notice to the…

Continue

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