Unfortunately, dealing with allegations of sexual harassment in the workplace is an issue for many employers. Sexual harassment can take many forms, and cases are rarely "open and shut".
Once allegations of sexual harassment or misconduct have been made, they must be appropriately investigated and dealt with. However, prevention is always better than cure.
Let's take a look at employer…Continue
Added by Vince Scopelliti on October 16, 2019 at 17:00 — No Comments
Employers understand that it is their responsibility to provide a safe workplace. Yet unlike physical health safety concerns and hazards such as lifting, tripping, sun exposure and dust reduction, many employers find themselves uncertain about how to support the mental health and wellbeing of their staff.
The first and most powerful antidote to this uncertainty is becoming informed. For business owners and managers,…Continue
Added by Vince Scopelliti on October 9, 2019 at 13:48 — No Comments
For many businesses, one of the critical HR questions is whether investigations into alleged employee misconduct or misbehaviour should be outsourced or conducted in-house.
Depending on the nature of the business and the complaint, it may not always be appropriate or cost-effective for investigations to be referred externally.
However, in other circumstances, particularly when the allegations…Continue
Added by Vince Scopelliti on October 3, 2019 at 17:43 — No Comments
On occasion, police will become involved and/or need to be involved in the allegations from a workplace matter. In this situation, it's important for employers to know what their obligations are, and to be aware of some of the challenges that can arise.
So, let's take a look at when police are or may need to be called in and what should happen once they are.
Added by Vince Scopelliti on September 25, 2019 at 12:53 — No Comments
The most vulnerable members of our society are generally those with disabilities, the very young and the elderly. People who are vulnerable are at greater risk of being abused or otherwise mistreated, especially in residential care facilities. This is currently being made distressingly clear at the aged care Royal Commission.
We discuss what elder abuse in care looks like, how it can occur and what factors can make…Continue
Added by Vince Scopelliti on September 18, 2019 at 16:44 — No Comments
A workplace investigation can be a traumatic and emotional event for everyone involved.
Let's take a look at how an organisation can move forward after a workplace investigation, regardless of whether the complaint has been upheld or if any disciplinary action has been taken.
After the investigative…Continue
Added by Vince Scopelliti on September 11, 2019 at 11:30 — No Comments
Any sphere in which humans interact with each other is likely to involve certain levels of conflict. This is certainly the case in the workplace, where employees are required to spend significant amounts of time with people they may not otherwise choose to be involved with.
Although workplace conflict is unavoidable, it does need to be dealt with to ensure that staff remain engaged and productive. We take a look at…Continue
Added by Vince Scopelliti on September 4, 2019 at 17:18 — No Comments
Workplace bullying can sometimes be difficult to identify. After all, people from many different walks of life are thrown together in a working environment, and this will often result in personality clashes and natural disagreements. Not everybody in the office will be friends with each other.
So how can you tell when something has strayed into the area of workplace bullying? And how do you know when to deal with it…Continue
Added by Vince Scopelliti on August 28, 2019 at 11:44 — No Comments
In the highly-anticipated decision of Comcare v Banerji, the High Court has found it is not unconstitutional for the federal government to restrict the rights of public servants to express their political views in a public forum.
So what does this decision mean for employees, freedom of political communication and the right to free speech?
Added by Vince Scopelliti on August 21, 2019 at 11:30 — No Comments
There is a high likelihood that every employer will have to deal with action - or at least the threat of action - involving the Fair Work Commission (FWC).
Let's take a look at the role of the FWC, and the importance of a defensible investigation report in the event an employee lodges a claim.
The FWC is Australia's national workplace…Continue
Added by Vince Scopelliti on August 14, 2019 at 11:44 — No Comments
To say that a workplace investigation report is an important document is certainly something of an understatement. Following the investigation, the report will be relied upon for all manner of significant organisational decisions, tasks and action.
As a result, it is essential that workplace investigators create a professional, transparent and unbiased document.
Added by Vince Scopelliti on July 31, 2019 at 11:13 — No Comments
In any workplace investigation, there will be multiple competing factors for an investigator to consider. One core issue is developing the appropriate interview strategy.
Investigative interviewing requires careful consideration of the purpose of the investigation, and exactly who will be interviewed. There is also the question of tone - ensuring that the interview remains cordial and does not begin to resemble an…Continue
Added by Vince Scopelliti on July 24, 2019 at 11:31 — No Comments
During the process of conducting workplace investigations, it is generally necessary to prepare letters of notification, and later, letters of allegation.
We take a look at the difference between the two, and provide some tips on how to prepare these important documents. …Continue
Added by Vince Scopelliti on July 17, 2019 at 14:06 — No Comments
When conducting a workplace investigation, it is crucial to be able to demonstrate that appropriate procedures have been followed. This is essential in defending any subsequent action that may be taken.
It can be helpful for employers to create an action plan utilising Terms of Reference (ToR) and the services of an external investigator to keep the investigation process on track.
Added by Vince Scopelliti on July 10, 2019 at 12:22 — No Comments
Employers should be well aware of the legal and associated requirements that come into play when someone in the workplace raises their hand with a grievance.
Complaints about unacceptable and/or inappropriate behaviour can arise from any work area, and in regard to a wide variety of issues. Grievance handling needs to be fair and consistent - yet with each situation being approached on an individual basis. …Continue
Added by Vince Scopelliti on July 3, 2019 at 14:24 — No Comments
For many employers, a workplace investigation process can appear quite challenging to navigate. Questions around the actual subject of the investigation, and who is best qualified to carry out this important task, can immediately arise.
The investigation process itself is characterised by a number of important processes that are designed to reduce the risk of negative perceptions and/or potential legal pitfalls at a…Continue
Added by Vince Scopelliti on June 26, 2019 at 15:00 — No Comments
An ever-increasing key dilemma for employers in the modern age is how to deal with the misconduct by staff through their use of social media platforms.
The list of potentially offending conduct is lengthy. For example, staff might call in sick but then post details of their activities on social media. Employees could post inappropriate, defamatory or confidential information on their accounts. One high-profile…Continue
Added by Vince Scopelliti on June 19, 2019 at 12:54 — No Comments
Employers often face a quandary in dealing with underperformers, and whether to place them onto a performance management program.
It's essential that any such move can always be considered to be 'reasonable management action' in response to inappropriate behaviours or inadequate or unsatisfactory…Continue
Added by Vince Scopelliti on June 12, 2019 at 13:48 — No Comments
Whistleblower protections have been top of mind for many Australian organisations recently, following a number of changes to the law.
The Treasury Laws Amendment (Enhancing Whistle-Blower Protections) Bill 2017 is due to come into effect from July…Continue
Added by Vince Scopelliti on June 5, 2019 at 11:15 — No Comments
When conducting investigations in the workplace, senior staff and human resource managers often have to deal with uncooperative respondents.
Understandably, this can significantly hamper the progress of the investigation.
There are many ways in which the smooth running of an investigation can be negatively affected…Continue
Added by Vince Scopelliti on May 29, 2019 at 11:12 — No Comments