Phil O'Brien
  • Sydney NSW
  • Australia
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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
yesterday
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
Phil O'Brien posted a blog post

Misconduct Investigations: avoiding bias

It is not uncommon especially when the outcome is disputed, for an employee subject of a complaint or grievance to claim that the investigation was unfair or investigator was bias or perhaps a conflict of interest existed, especially if there is an adverse finding.How do you counter an employee’s claim that you may be bias in the investigation if you have prior knowledge of the parties and there is no one else that can conduct the investigation?This is very common problem faced by HR…See More
May 8
Phil O'Brien posted blog posts
May 5

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 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

Workplace Bullying Myth Busting

Posted on May 11, 2017 at 7:30 2 Comments

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…

Continue

Summary dismissal: do you have the grounds?

Posted on May 10, 2017 at 8:00 0 Comments

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…

Continue

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