Employers should be far more worried about all the bullying claims that go unreported than they are about "spurious" ones, says academic and author Carlo Caponecchia.
Any report of unsatisfactory workplace conduct or performance needs to be investigated, says employment lawyer Brad Petley. This presentation outlines the steps to take to ensure your investigations meet the Fair Work Act's procedural fairness requirements.
Petley covers:
The role of the HR investigator;
Your legal obligations during investigations;
How to gather evidence and take statements from employees;
How to conduct effective interviews;
How to deal with evasive or untruthful witnesses;
When not to conduct interviews;
The impact of the Fair Work Act on investigation obligations;
How to manage employees post-investigation; & more.
Bullied managers tend to "keep up appearances" rather than ask for help, so employers rarely identify when it is happening, says workplace investigator Harriet Stacey.
Managing an under-performing employee requires a different process to managing one accused of misconduct, but some managers fail to recognise the distinction, says employment lawyer Amanda Harvey.
Many workplace policies make it hard for employers to investigate anonymous complaints, and should be redrafted, according to workplace investigator Lisa Klug.
In a ruling that addresses some important issues on procedural fairness, Fair Work Australia has upheld a worker's dismissal for inappropriate conduct despite her employer's failure to provide her with all the information on which its decision was based.
An independent inquiry into an alleged bullying culture within WorkCover NSW has identified several "recurring issues" that all employers would do well to be mindful of.
Day-to-day performance discussions do not usually warrant the offer of a support person, but if it's possible the matter will escalate, it's safer to err on the side of caution, says Macpherson+Kelley Lawyers principal Andrew Douglas.
What should you do when an employee wants to complain about bullying "off the record"? What is the role of a support person during investigations? Should you re-open an investigation when an employee provides fresh evidence? Lawyer Brad Petley answers these questions and more.
HR managers need to understand how industrial instruments and relevant legislation affect disciplinary matters before tricky situations arise, says Alison Page, a legal advisor to Wise Workplace Investigations.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
