One of the most challenging and important tasks undertaken by a workplace investigator is the analysis of the evidence that has been gathered during the course of the investigation.
Key questions to consider include: What evidence should be contained in the investigation report? How do I analyse what I have gathered? How does this connect with the findings I make in the investigation report? …Continue
Added by Vince Scopelliti on August 15, 2018 at 18:00 — No Comments
Occasional conflicts and disputes are a fact of life in all workplaces. One of the best ways to defuse difficult situations, resolve office concerns and keep your staff happy is mediation. But even though this is a potentially very effective device in the employer's toolkit, workplace mediations can go wrong.
Let's take a look at the process of mediation, and some of the issues which might…Continue
Added by Vince Scopelliti on August 8, 2018 at 12:56 — No Comments
It is important for employers to keep procedural fairness top of mind when conducting workplace investigations or taking disciplinary action.
Failing to do so can result in terminations being deemed unfair, as the recent Fair Work Commission decision of Nicholas Jarmain v…Continue
Added by Vince Scopelliti on August 1, 2018 at 11:00 — No Comments
With the conclusion of the Royal Commission into Institutional Responses to Child Sexual Abuse, Australian organisations are now on notice in relation to their ongoing child protection reporting obligations.
Mandatory reporting of particular conduct or convictions is a strong means of ensuring that those who care for the most vulnerable in our community, do not slip through the regulatory net.…Continue
Added by Vince Scopelliti on July 25, 2018 at 13:27 — No Comments
Parties involved in a workplace investigation will often wish to gain access to documents that form part of the process. A difficult question for investigators is when - or if - it will be appropriate to release particular information. The reason for the request and the nature of the information will be key considerations, plus the investigator must find the best way to ensure that the access process is fair and…Continue
Added by Vince Scopelliti on July 18, 2018 at 11:31 — No Comments
At any given time, there are multiple generations operating in the workforce: new starters, more established professionals and those heading towards retirement.
Added by Vince Scopelliti on July 11, 2018 at 12:30 — No Comments
Experienced workplace investigators are well aware that when two or more people are in dispute, there will inevitably be differing perspectives on what 'the truth' might look like. Contentious workplace issues can often play out in a 'he said, she said' fashion, with one allegation being closely followed up by a second person's counter-allegation. Such complications should be dealt with in a fair, considered and methodical…Continue
Added by Vince Scopelliti on June 20, 2018 at 11:00 — No Comments
When an employee complaint alleging workplace discrimination or harassment is lodged, it is usually seen as a negative moment in the life of the organisation.
However, it is possible for an employer to view this as a positive phenomenon, rather than a sign of complete failure. This is because well-handled complaints can illuminate hidden corporate weaknesses, as well as any lurking issues affecting…Continue
Added by Vince Scopelliti on June 13, 2018 at 16:53 — No Comments
Hospitals - very few people like them, yet many of us will be a resident at one time or another. Even though hospitals can be sources of great joy, places where babies are born, miracles happen and lives are saved, they also represent sickness, injury, death, and some pretty ordinary food!
The people who work in them - the doctors, surgeons, nurses, aides, assistants, administrators and catering…Continue
Added by Vince Scopelliti on June 6, 2018 at 14:32 — No Comments
Given how much time employees spend at work every week, it is hardly surprising that romantic relationships develop in the workplace.
But what happens when a romance is inappropriate, or attraction crosses the line into sexual harassment?
While there is nothing illegal about a workplace relationship between…Continue
Added by Vince Scopelliti on May 30, 2018 at 10:30 — No Comments
Most adults like to indulge in the use of alcohol from time to time. Some even like to partake a little more frequently - which is generally not problematic, in the privacy of one's own home and social sphere.
But occasionally problems with alcohol or even drug consumption can creep into the workplace, with staff under the influence while at work or under performing because of the…Continue
Added by Vince Scopelliti on May 23, 2018 at 17:49 — No Comments
Being able to conduct a competent workplace investigation is essential for employers, especially when allegations of bullying, misconduct or inappropriate office behaviour are made.
Mistakes made during an investigation may result in serious consequences, including legal action.
Let's take a look at the basics of an investigation, and some key mistakes to avoid.…Continue
Getting the mix of personalities in the workplace right can be extremely challenging.
Creating a harmonious workplace is difficult at the best of times, and if a toxic personality is thrown into the equation, it can disturb the equilibrium of the workplace.
Let's take a look at how you can identify and deal with a toxic worker in your organisation. …Continue
Mediation can offer effective resolution of workplace disputes. It's a fair process that allows parties to be heard and encourages them to find a resolution both sides are satisfied with.
Mediation should only be used when parties are willing to discuss their differences. In the case of a bullying…
Added by Vince Scopelliti on May 2, 2018 at 15:13 — No Comments
The thought that some of the most vulnerable in our society - the elderly - might be at risk of harm in residential aged care facilities is abhorrent. But even with the best of intentions and the proper guidelines in place, there is still potential for abuse and assault to occur.
Abuse allegations in an aged care setting are highly emotional and challenging for all involved, especially the victims and their…Continue
Added by Vince Scopelliti on April 18, 2018 at 11:57 — No Comments
Anyone who has been following the news recently will be aware that scandalous sexual relationships in the workplace have become something of a common theme.
The stories of Seven West Chief Executive, Tim Worner and his former executive assistant (a relationship which ended in legal action), the forced resignations of senior AFL executives over their relationships with younger staff, and the…Continue
Added by Vince Scopelliti on April 11, 2018 at 17:09 — No Comments
A suite of robust policies and procedures is an essential element of good governance in any organisation. Often employers discover that their policies and procedures are inadequate, only once their actions are reviewed by a tribunal or court.
Adequate workplace policies are key mechanisms for outlining exactly what the standards of conduct are in your organisation. Workplace policies should clearly and succinctly explain…Continue
Added by Vince Scopelliti on April 4, 2018 at 12:13 — No Comments
Maintaining workplace harmony should be a key focus of every organisation. Conflict in the workplace can lead to behaviours such as bullying, harassment and discrimination. Staff can lack motivation, fail to work as a team and be generally unhappy.
So how can employers and staff deal with conflict, and encourage staff to work together to promote harmony in the workplace?
Added by Vince Scopelliti on March 28, 2018 at 16:17 — No Comments
To any outsider, the job of investigative interviewing seems fairly straightforward - questions are asked and then answers are provided. Yet as we know, the job of interviewing parties in the course of a workplace investigation can be anything but simple.
For example, the investigative interviewer must ensure procedural fairness at every step along the investigative pathway. And this raises other questions, such as can the…Continue
Added by Vince Scopelliti on March 21, 2018 at 9:34 — No Comments
Most employers and employees are likely have at least some contact with the Fair Work Commission (FWC) during their working lives.
This might be as simple as obtaining information about award conditions and employee rights, or as contentious as appearing before the FWC in a workplace dispute or unfair dismissal matter.
So how does the Fair Commission work?…Continue
Added by Vince Scopelliti on March 14, 2018 at 9:40 — No Comments