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
Added by Phil O'Brien on May 19, 2017 at 7:30 — No 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 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
Added by Phil O'Brien on May 10, 2017 at 8:00 — No Comments
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…Continue
Added by Phil O'Brien on May 8, 2017 at 9:30 — No Comments
Firstly it is important to accept that you can’t stop it 100%, but what you can do is take all reasonable steps to reduce the risk of workplace bullying harassment and sexual harassment to your employees and your business.
Workplace bullying, harassment and sexual harassment is damaging to those who experience it, those who witness it and can be very damaging and costly to the organisation.
Stopping workplace bullying,…Continue
Added by Phil O'Brien on May 5, 2017 at 13:30 — No Comments
In spite of a number of matters in courts and tribunals sexual harassment in the workplace continues to be an issue.
As a workplace investigator and trainer I come across many opinions, beliefs and myths about what is and what is not sexual harassment and where is the line drawn?
Myth: I can’t report sexual harassment as no one will believe…Continue
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…Continue
Added by Phil O'Brien on May 2, 2017 at 8:00 — No Comments