Phil O'Brien
  • Sydney NSW
  • Australia
Share
 

Phil O'Brien's Page

Latest Activity

2 blog posts by Phil O'Brien were featured
13 hours ago
Phil O'Brien posted blog posts
14 hours ago
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
Thursday
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
Wednesday
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
Bernard Keith Althofer commented on Phil O'Brien's blog post Workplace Bullying Myth Busting
"Workplace bullies are normal everyday looking people who have been described by various authors as liars, cowards, cheats, psychopaths, assholes, emotional vampires and a multitude of other descriptive nouns.  Some workplace bullies might be…"
May 12
A blog post by Phil O'Brien was featured

Workplace Bullying Myth Busting

Instances of bullying in the workplace are an issue for many employers at some point especially if not managed correctly it can be very costly.  However a lot of the advice and suggestions for dealing with bullying while well-meaning simply do not work.Let’s have a look at some of the common mythsMyth: You can eliminate bullying in…See More
May 11
Phil O'Brien posted blog posts
May 11
Phil O'Brien updated their profile
May 10
A blog post by Phil O'Brien was featured

Summary dismissal: do you have the grounds?

Summary dismissal is dismissal without notice. It does not require advance notice to the employee and wages are only paid to the time of dismissal. An employer has a legal right to summarily dismiss an employee without notice for serious misconduct or other conduct which justifies such dismissal.Employers should always think very carefully and thoroughly consider the options before making a decision to immediately or “summarily” dismiss an employee. For summary dismissal to be lawful there must…See More
May 10
2 blog posts by Phil O'Brien were featured
May 9

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

Workplace Investigation biased process

Posted on June 26, 2017 at 9:55 0 Comments

The presence of bias be it actual or perceived during an investigation can derail the investigation and undermine any findings and recommendations.

Complaint of bias are often raised relating to two areas, the investigation process itself or the investigation interviews.

This article will examine the process, part two will examine bias during interviews.

Workplace investigations are defined as "an unbiased gathering of evidence" and to ensure that that a…

Continue

Workplace investigation documents

Posted on June 26, 2017 at 9:30 0 Comments

It is important to understand that a workplace investigation may be scrutinised by a court in the case of a complainant suing in negligence for a breach of a duty of care in a bullying or sexual harassment matter. For example the case of Mathews v Winslow Constructors where an award of 1.3 million dollars was ordered or by the Fair Work Tribunal in the case of an unfair dismissal…

Continue

Workplace Investigation Allegations and Procedural Fairness

Posted on June 21, 2017 at 22:00 0 Comments

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 Commission
  • Orders for compensation against the employer
  • Orders for reinstatement of the terminated employee
  • Negative publicity and damage to brand…
Continue

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

Posted on May 19, 2017 at 7:30 0 Comments

The Fair Work Commission dismissed a former Calvary Hospital office worker’s application for an unfair dismissal remedy. Link to case

Andrew 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…

Continue

Comment Wall

  • No comments yet!

You need to be a member of HR Daily Community to add comments!

Join HR Daily Community

 
 
 

© 2017   Created by Jo Knox.   Powered by

Badges  |  Report an Issue  |  Terms of Service