HR professionals who recognise the warning signs of someone who may be stealing from their company can take steps to stop fraud or theft before it goes too far, Lander and Rogers partner Craig Higginbotham and senior associate Aaron Goonrey told an employer briefing recently.
In an important ruling for employers, a tribunal has cleared an organisation of vicarious liability for sexual harassment, finding that it took "all reasonable steps" to prevent the behaviour from occurring.
A recent workers' compensation decision involving an employer's bungled inquiry into a workplace conflict of interest should ring alarm bells for employers, and highlights some important do's and don'ts for investigating personal or sensitive matters.
Here are five tips for investigating potentially sensitive or personal issues at work, from experienced investigator and workplace lawyer, Brad Petley.
Dealing with the facts of workplace complaints, rather than the "labels" given to behaviour, helps to resolve potential bullying issues quickly, says senior HR practitioner and employment lawyer, Nicole Gower.
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.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
