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.
A government department that caught a senior employee accessing pornography on a work laptop at home, and out of work hours, did not breach privacy laws, the Federal Court has found.
Employers that fail to properly investigate workplace issues and complaints before taking action risk falling foul of the Fair Work Act's procedural fairness requirements, says workplace lawyer Brad Petley.
Sex Discrimination Commissioner Elizabeth Broderick has called for greater powers to proactively investigate workplaces and sectors where sexual harassment is prevalent, instead of relying solely on complaints.
A worker has been denied compensation for a psychological injury after he failed to convince the Queensland Industrial Relations Court that a workplace investigation was not conducted in a "reasonable" way.
It is the way managers deal with employee complaints - rather than the subject of the complaints - that can trigger workers to launch legal claims, according to Hicksons workplace relations practice manager, Brad Swebeck.
The Federal Court has "set in stone" what constitutes procedural fairness, after finding a workplace investigation was flawed and lacking natural justice, according to Wise Workplace Investigations principal, Jo Kamira.
Problems with difficult employees never resolve themselves and, if left unaddressed, can expose employers to legal risks, says workplace lawyer Brad Petley.
