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.
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.
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.
