Workplace policies sexual harassment investigation
Workplace policies sexual harassment investigation - A recent case before the Fair Work Commission highlighted the importance of having well written w...
Performance Improvement Plan Workplace complaint Investigation
Performance Improvement Plan
Workplace complaint Investigation
Performance Improvement Plan Workplace complaint Investigation - How do you turn a Pe...
Sexual harassment investigations
Sexual harassment investigations proceed with caution - In the current climate it is very important that in the case of complaints of sexual harassmen...
Workplace Investigation Allegation Letters
Workplace Investigation Allegation Letters. The previous post about workplace investigation allegation letters (more details here) addressed the why y...
Workplace Sexual Harassment Training
Workplace Sexual Harassment Training - As a HR professional, manager or business owner what can you do if you think that there may be a problem but yo...
Workplace investigations drafting allegations
Workplace investigations drafting allegations - One of the most important parts of workplace investigations is the drafting of the allegations to be p...
Workplace Investigation Employers duty of care
Workplace Investigation Employers duty of care.
Workplace Investigation Employers duty of care - Do employers owe a duty of care to employees during ...
Fair Work Act Adverse Action Claims
Fair Work Act Adverse Action Claims - Many businesses have had to deal with the cost, disruption and trouble caused by a claim that the business has a...
Workplace Investigator
Workplace Investigator
What message are you sending when you engage an external workplace investigator?
A very common comment that I hear from new c...
Sexual Harassment Investigation Myth Busting
Sexual Harassment Investigation Myth Busting revisited.
With the issue of sexual harassment being so much in the media spotlight, I felt that it wa...
Sexual Harassment Training
Sexual Harassment Training - it is apparent that the issue of sexual harassment in the workplace is not going away.
As an employer what are you dut...
Defending Unfair dismissal applications
Defending Unfair dismissal applications - If you terminate a employee there is always the possibility that the employee might submit an application to...
Workplace Investigations
Workplace Investigations - Do it yourself or call in an expert
Conducting workplace investigations into employee misconduct or complaints such as b...
Misconduct Investigation
Misconduct Investigation - employers are often required to conduct investigations into the misconduct of their employees, at times the behaviour of th...
Unfair dismissal minimum employment period
Unfair dismissal minimum employment period - The Fair Work Act sets out the minimum periods of employment that an employee must satisfy to be covered ...
Workplace Misconduct Investigation Sydney NSW
Workplace Misconduct Investigation Sydney NSW - Recently at the Fair Work Commission the reinstatement of an employee was ordered in a misconduct mat...
Investigating sexual harassment complaints
Investigating sexual harassment complaints - failure could constitute a beach of an employer's duty of care
The Work, Health & Safety Act impos...
Sexual Harassment Complaint Investigation
Sexual Harassment Complaint Investigation
With all the publicity surrounding the sexual harassment allegations in Hollywood and the #MeToo campaign...
Sexual Harassment Investigation Sydney NSW
Sexual Harassment Investigation Sydney NSW/ACT
With the increasing publicity surrounding sexual harassment in Hollywood and the #MeToo campaign it ...
Sexual Harassment Complaints Are you READY part 1
Sexual Harassment Complaints Are you READY part 1 - dealing with complaints internally, do you have the processes, documents and guides in place at yo...
Unfair Dismissal Fair Work Commission Recently
Unfair Dismissal Fair Work Commission Recently
The recent case of Amanda Olesen v Needlework Tours Pty Ltd illustrates some importance consideratio...
Workplace Investigation Terminations Unfair dismissal
Workplace Investigation Terminations Unfair dismissal
The recent decision of Jay Higgins Coles Supermarkets Australia Pty Ltd T/A Coles at the Fair...
Sexual Harassment is your business covered
Sexual Harassment is your business covered?
With all the publicity around sexual harassment in Hollywood, in my opinion it is time for all business...
Workplace misconduct office parties
Workplace misconduct office parties; is it your turn this year?
The following article should be viewed tongue in cheek. However, I have investigate...
workplace sexual harassment
Workplace sexual harassment what can you do?
When faced with workplace sexual harassment a question many people ask is "what can I do?" especially ...
Anti Bullying Training Sydney NSW
Anti Bullying Training Sydney NSW - Why does your organisations need Anti Bullying Training?
The make sure that you employees understand what wor...
Managers HR Professionals Investigation Training Sydney NSW
Managers HR Professionals Investigation Training Sydney NSW
We know that bullying, harassment and sexual harassment in the workplace is stressful t...
Workplace investigation support person
Workplace investigation support person
Workplace investigation support person - All you wanted to know about a support person but may have been too a...
Has the fear of bullying claims put a freeze on performance management?
Has the fear of bullying claims put a freeze on performance management?
As a workplace investigator there are times when at least 50% of the compla...
Summary dismissal is it justified
Summary dismissal is it justified?
In matters involving serious misconduct and summary dismissal it is important for employers to understand what c...
Procedural fairness workplace investigations
Procedural fairness workplace investigations - a lot has been said, written and discuss about the recent matter involving Channel 7 and a cadet journa...
Workplace Investigation getting it right
Workplace Investigation getting it right for first time every time - Recently an article appeared in the Brisbane times that alleged that a cadet jour...
Unfair dismissal workplace investigations
Unfair dismissal workplace investigations
A recent decision at the Fair Work Commission has reminded employers of the need to ensure they have ful...
Workplace Misconduct
Workplace Misconduct - Things to consider when terminating an employee
Recently an employee who was terminated for workplace misconduct as as resul...
Complaint & Misconduct Investigation Training Sydney
Complaint & Misconduct Investigation Training Sydney
AWPTI will be conducting basic Complaint and Misconduct Investigation Training for HR prof...
Workplace Bullying Harassment Training NSW ACT
Workplace Bullying Harassment Training NSW ACT - Australian Workplace Training & Investigation (AWPTI) provides workplace training tailored to sui...
Workplace Bullying Training
Workplace Bullying Training - What are you doing?
Workplace bullying can be costly to employers and organisations thought the loss of valuable staf...
FWC Criteria for considering harshness unfair dismissal
FWC Criteria for considering harshness unfair dismissal - The Fair Work Act current consists of around 900 sections when you include all the aa, ab et...
Misconduct Investigation Allegation Letters
Misconduct Investigation Allegation Letters. When AWPTI conducts an investigation we provide all the documentation including letters of allegation to ...
Workplace Investigation Misconduct Complaints Grievances
Workplace Investigation Misconduct Complaints Grievances - When faced with issues of workplace misconduct or complaints or grievances employers have a...
Workplace Bullying
Workplace Bullying is an issue that is still facing an increasing number of employers and adversely affecting many employees.
To address these issu...
Office Romance or Sexual Harassment
Office Romance or Sexual Harassment - Recent media attention to cases involving Seven West Media and Amber Harrison, who had an affair with the compan...
Unfair dismissal serious misconduct workplace investigation
Unfair dismissal serious misconduct workplace investigation - When considering dismissing an employee for serious misconduct, employers must bare in m...
Summary dismissal
Summary dismissal - Do you have the grounds
In light of the XL Express Pty Ltd decision at the Fair Work Commission, I think it's time to review S...
FWC High income threshold increases
FWC High income threshold increases - Changes to high income threshold and compensation caps and filing fees
Commencing today, (1 July 2017) the hi...
Managers Training Understanding Workplace Investigations
Managers Training Understanding Workplace Investigations
Managers Training Understanding Workplace Investigations – Do you have a program to help you...
Workplace investigation documents
Workplace investigation documents - It is important to understand that a workplace investigation may be scrutinised by a court in the case of a compla...
Choosing a Workplace investigator
Choosing a Workplace investigator - You don't have to be Sherlock Holmes with a trusted Doctor Watson at your side to conduct a workplace investigatio...
Workplace Investigators behaving badly
Workplace Investigators behaving badly - The presence of bias be it actual or perceived during an investigation can derail the entire investigation ...
Workplace Investigation biased process
Workplace Investigation biased process - The presence of bias be it actual or perceived during an investigation can derail the investigation and under...
Workplace Investigation Allegations
Workplace Investigation Allegations and Procedural Fairness- The importance of ensuring correct procedure when it comes to advising a person subject o...
Workplace bullying workplace harassment
Workplace bullying workplace harassment - Why has this research been done?
To better understand the prevalence of workplace bullying and harassme...
Unfair dismissal hearing participation
Unfair dismissal hearing participation - As an employer facing an unfair dismissal application it is important that you participate in the process, yo...
Warnings, termination, unfair dismissal
Warnings, termination, unfair dismissal - It is important if as an employer you are going to rely on past warnings when terminating a employee, that t...
Demotion Unfair dismissal decisions
Demotion Unfair dismissal decisions - While a demotion or a reduction in pay in itself may not constitute the manner of implementation or communicatio...
FWC High Income Threshold Decisions
FWC High Income Threshold Decisions - to satisfy the provisions of the Fair Work Act and to be able to claim relief via the Fair Work Commission an em...
Unfair dismissal NSW Government employees
Unfair dismissal NSW Government employees - If you are employed by the NSW Government or a local council you are not covered by the provision of the F...
Reasonable Management Action Training
Why is Reasonable Management Action training important?
Complaints against managers by employees are often as a result of the employee claiming tha...
Phil O’Brien Workplace Investigator
Phil O'Brien Workplace Investigator
Phil O'Brien Workplace Investigator - The principal of Australian Workplace Training and Investigation (AWPTI) ...
Workplace Investigation document toolbox
Workplace Investigation Document Toolbox
As an employer or business owner if you are confronted by workplace misconduct you must decide do it yourse...
Bullying laws
Bullying laws
Bullying laws cover company boards after landmark decision - Board directors and chairpersons will be able to seek anti-bullying orders...
Workplace Investigation Questions
Workplace Investigation Questions
Workplace Investigation Questions and the question of what and how to ask questions during an interview.
The int...
Sexual harassment investigation
Sexual harassment investigation
Sexual harassment investigation - Grabbing an Employee and Sexually Propositioning her was Valid Reason for Dismissal...
Workplace Investigation Procedural Fairness fail
Workplace Investigation Procedural Fairness fail.
Workplace Investigation Procedural Fairness fail - employee awarded $40,977.30 in compensation
E...
Workplace investigation substantive fairness
Workplace investigation substantive fairness
Workplace investigation substantive fairness - When considering whether a dismissal is unfair, the F...
Parental Leave father’s entitlements
Parental Leave father's entitlements
Parental Leave father's entitlements - A recent decision in the Federal Circuit Court shows how employers can ex...
Anti Bullying Order
Anti Bullying Order - worker or volunteer
Anti Bullying Order - worker or volunteer - The question as to whether a person is an employee or volunteer...
Workplace Investigation Warning Letters
Workplace Investigation Warning Letters
Workplace Investigation Warning Letters & terminations - The issue of tolerance of poor behaviour or perf...
Workplace Investigation Procedural Fairness
Workplace Investigation Procedural Fairness
Workplace Investigation Procedural Fairness - Decisions at the Fair Work Commission where a lack of proce...
Investigating bullying
Investigating bullying
Investigating bullying - Why you should conduct a thorough and systematic investigation
An example of where a lack of inves...
Workplace Bullying Myth Busting
Workplace Bullying Myth Busting
Workplace Bullying Myth Busting - Instances of bullying in the workplace are an issue for many employers at some poin...
Post employment restraints
Post employment restraints
Post employment restraints - Employee not longer need to photocopy the client list or save it onto a USB in order to poac...
Sexual harassment myth busting
Sexual harassment myth busting
Sexual harassment myth busting in spite of a number of matters in courts and tribunals sexual harassment in the workpl...
Misconduct Investigations – Avoiding bias
Misconduct Investigations avoiding bias
Misconduct Investigations avoiding bias. It is not uncommon especially when the outcome is disputed, for an e...
Stopping workplace bullying harassment sexual harassment
Stopping workplace bullying harassment sexual harassment - what can you do?
Stopping workplace bullying harassment sexual harassment, firstly it is i...
Workplace Investigator
Workplace Investigator - Why you should have a trusted one on speed dial.
Workplace Investigator - Having a relationship with a workplace investigato...
Business protection
Business protection
Business protection - put out the fire with the S.A.F.E method
When is comes to Business protection workplace complaints about m...
Support person – workplace investigation
Support person - workplace investigation
Support person - workplace investigation - All you wanted to know about a support person but were too afraid...
Procedural Fairness – Workplace Investigation
Procedural Fairness - Workplace Investigation
Procedural Fairness - Workplace Investigation - When conducting any misconduct workplace investigation,...
Accessing former employees files
Accessing former employee's files
Accessing former employees files - An employer granted access to former manager's files
An employer has been gra...
Cyber Security – Dell Survey
Cyber Security - Dell Survey
Cyber Security - Dell Survey - Recently Dell conducted a Cyber Security survey, full report here - Cyber Sec
Findings
...
Workplace Investigation
Workplace Investigation
Workplace Investigation - what can you do with uncooperative parties during an investigation.
An issue that may be confron...
Discrimination Investigation Sydney
Discrimination Investigation Sydney
Discrimination Investigation Sydney - Discrimination is any behaviour, practice or omission that makes distincti...
Email misuse dismissal fair
Email misuse dismissal fair
Email misuse dismissal fair - Email and misconduct - unfair dismissal case confirms the importance of trust and confidenc...
Executives adverse action claims
Executives adverse action claims
Executives adverse action claims - Employers shouldn't fear giving their executives lawful and reasonable directions...
Anti-bullying laws disciplinary process
Anti-bullying laws disciplinary process
Anti-bullying laws disciplinary process - Anti-bullying laws might be used by employees facing a potentially ...
Reasonable Management Action Training Sydney
Reasonable Management Action Training Sydney
Reasonable Management Action Training Sydney - Many employers are faced with complaints of bullying that...
Workplace Harassment Training Sydney NSW
Workplace Harassment Training Sydney NSW
Workplace Harassment Training Sydney NSW - AWPTI can assist you with training sessions that address Workplac...
Workplace Bullying Training Sydney NSW
Workplace Bullying Training Sydney NSW
Workplace Bullying Training Sydney NSW - AWPTI can assist you by providing engaging and informative workplace ...
Misconduct Investigations Sydney NSW
Misconduct Investigations Sydney NSW
Misconduct Investigations Sydney NSW - workplace misconduct comes in many and varied forms, misconduct investiga...
Workplace Investigations Sydney NSW
Workplace Investigations Sydney NSW
Workplace Investigations Sydney NSW - Workplace Investigations into complaints and grievances and other issues ca...
Sexual Harassment Investigations Sydney NSW
Sexual Harassment Investigations Sydney NSW
Sexual Harassment Investigations Sydney NSW - Complaints of sexual harassment in the workplace are becomi...
Harassment Investigations Sydney NSW
Harassment Investigations Sydney NSW
Harassment Investigations Sydney NSW - Like bullying Complaints of harassment in the workplace are commonplace a...
Bullying investigations Sydney
Bullying investigations Sydney
Bullying investigations Sydney - Complaints of bullying in the workplace are commonplace and it is recommended that em...
unfair dismissal flawed investigation
Unfair dismissal flawed investigation
Unfair dismissal flawed investigation - Workplace investigations may be necessary part of business but are ofte...
Social media case
Social media case
Social media case - Recently at the Fair Work Commission in the case of Renton v Bendigo Health Care Group [2016] FWC 9089, it was ...
FWC unfair dismissal
FWC Unfair dismissal
The importance of considering other factors when terminating employees
FWC unfair dismissal - A Qantas flight attendant who was...
Adverse action
Adverse action and award compliance - the cost of getting it wrong
The director of a Melbourne brothel has been ordered to pay a former receptionist ...
National Employment Standards
The National Employment Standards
The National Employment Standards (NES) are 10 minimum employment entitlements that are set out in the Fair Work Ac...
Social media unfair dismissal
Social media - unfair dismissal
Singh V Aerocare Flight Support Pty Ltd [2016] FWC 6186
Social media unfair dismissal. A decision by the Fair Work...
Big IR fines proposed
Big IR fines proposed
Employers are being urged to ensure that they review their efforts to comply with industrial instruments and the National Emplo...
swearing in the workplace
Swearing in the workplace is it a sackable offence?
While it may be argued that swearing has become more acceptable in general use, swearing in the w...
Complaint handling
Complaint handling
Complaint handling can be a difficult part of HR, what to do, what approach to take, how do you decide?
Getting it wrong when i...
Vicarious liability Australian Law
Vicarious liability under Australian law
The doctrine of vicarious liability effectively serves to render employers liable for the wrongful acts of t...
Lorna Jane case
Lorna Jane case.
The Lorna Jane case where an employee is suing her employer over bullying claims is currently before a court in Brisbane.
The com...
minimum employment period
Minimum employment period
In the unfair dismissal matter of Cole v Endless Solar Operations P/L the respondent, a small business employer, raised a j...
Unfair dismissal recently at FWC
Unfair dismissal recently at FWC
Unfair dismissal hearing on 20 January 2016 in Sydney, the FWC found that a HR manager's decision to dismiss an empl...
Unfair Dismissal Recently at FWC
Unfair dismissal recently at the FWC
On 10 January 2017 an unfair dismissal hearing at the FWC in Melbourne upheld the summary dismissal of a worker ...
Evidence rules
Evidence 2
Evidence rules
Evidence rules - When conducting a workplace investigation there are rules relating to evidence that you need to be aware...
Evidence Part 1
Evidence
Workplace Investigations - what is evidence?
Evidence is the crucial element when it comes to proving on the balance of probabilities wheth...
Responding sexual harassment complaints 2
Responding to sexual harassment complaints 2
Part 1 on this subject (more details) dealt with outsourcing investigations, in responding sexual harass...
Responding sexual harassment complaints
Responding to sexual harassment complaints - Part 1
Responding to sexual harassment complaints can be a daunting task for managers and HR managers, i...
Anti Bullying
Anti bullying policy training
An anti bullying policy should be considered to “best practice” in any organisation. The policy should outline,
W...
Punishment must fit the crime
Punishment must fit the crime
It is important for employers to remember when managing misconduct issues to ensure that the punishment fits the crime....
Reasonable Management Action
Anti Bullying Application rejected - Reasonable Management Action.
A case of Reasonable Management Action. On 19 August 2016, the Fair Work Commissi...
Exit interview & complaints
Exit interview - complaints of bullying,
harassment and sexual harassment
An employee tells you during an exit interview that they were bull...
Sexual Harassment
Sexual harassment - Busting the myths
Despite a number of matters in courts and tribunals sexual harassment in the workplace continues to be an issue...
Addressing Workplace Bullying
Addressing Workplace Bullying
Addressing Workplace bullying, harassment and sexual harassment are common problems faced by many employers and or...
Workplace Bullying
Workplace Bullying case
A Gippsland man has been jailed for six months over what has been described as an extended and systematic campaign of workpl...
Vicarious Liability – Employers beware
Vicarious Liability - employers be aware of duty of care
Employers have a duty of care to ensure that they take all reasonable steps to ensure that t...
Dismissal unfair but no reinstatement or compensation
Recently at the Fair Work Commission - dismissal unfair
Recently and the Fair Work Commission - dismissal unfair but no reinstatement or compensati...
Following company policies
Following company policies
Following company policies is vitally important especially when it comes to disciplining or dismissing employees.
In th...
Adverse action unsuccessful
Adverse action unsuccessful
Adverse action unsuccessful in Bayford v Maxxia Pty Ltd [2011] FMCA 202 (12 April 2011) - This case demonstrates that an ...
FWC unfair dismissal application
Unfair dismissal
In unfair dismissal matters, the FWC finds that you can't have two bites of the cherry - Belford v Swan Transit Services Pty...
Recently at the FWC – Anti Bullying matter
Recently at the FWC - Anti Bullying matter
Anti Bullying order.
Purcell v Ms Mary Farah and Mercy Education Ltd t/a St Aloysius College
Read...
Dismissing employees
Dismissing employees - legitimate reasons but beware you must adhere to the process and afford procedural fairness.
Dismissing employees can be stres...
positions descriptions
The importance of position descriptions
www.awpti.com.au/hr-support/
It is important for employers and employees to be very clear as to what are t...
Employers have been penalised as a result of unfair workplace investigations.
Recently at the Fair Work Commission employers have been penalised as a result of unfair Workplace Investigations.
Ensuring that Workplace Investigat...
Does your business have up to date and compliant workplace polices in place?
HR Support - Does your business have up to date and compliant workplace polices in place?
HR Support - In the recent case of Shane Clayton v Cole...
What if the employee does not want an investigation into their complaint?
Employee Investigation
What if the employee does not want an investigation into their complaint?
Employee investigation - This is a common question ...
summary dismissal
Question - summary dismissal do you have the grounds
Summary dismissal is dismissal without notice. It does not require advance notice to the...
vicarious liability
Beware of vicarious liability
Employers have a duty of care to ensure that they take all reasonable steps to ensure that there is nothing in ...
Investigate Thoroughly
Some good reasons to ensure you investigate thoroughly
An examples of where a lack of investigation case was costly, this is why you should...
Outsourcing Investigations
What the FWC said about outsourcing investigations in the workplace
The recent case at the Fair Work Commission of, Xiaoli Cao v Metro Assist Inc; Ri...
Duty of care – Sexual harassment
Duty of care - Sexual harassment - 1.3 million reasons to get it right
Everyone in a workplace has a duty of care to ensure that they do all ...
Why do managers get complaints and what can be done to minimise the risk?
Why do managers get complaints and what can be done to minimise the risk?
What is Reasonable Management Action, why do managers get complaint...
Busted – Myths workplace bullying
Busted - Myths workplace bullying
Busted - Myths workplace bullying - Instances of bullying in the workplace are an issue for many employers at some ...
Misconduct – getting the whole story part 3
Misconduct – getting the whole story part 3
Misconduct – getting the whole story part 3. Following on from part 1 and part 2, in this case you have r...
How much does workplace bullying cost your business?
How much does workplace bullying cost your business?
A recent article in the Canberra times estimated that the annual bill to taxpayers for bullying,...
Recently at the Fair Work Commission
Lawless v Qantas Airways Limited [2015] FWC 6456 24 September 2015
Termination of employment – incapacity – inherent requirements – s.394 Fai...
Misconduct – getting the whole story part 2
Misconduct – getting the whole story part 2
Misconduct – getting the whole story part 2. Following on from part 1 – In this case you have received a ...
Misconduct – getting the whole story part 1
Misconduct – getting the whole story part 1
This is an interesting article (linked) from an English news outlet relating to the Chelsea football club...
Got a misconduct problem – “Who ya gonna call” – probably not the Ghostbusters!
Got a misconduct problem – “Who ya gonna call” – probably not the Ghostbusters!
When an organisation is confronted with issues such as miscon...
Posting on social media – Wild and free or are there rules?
Posting on social media – Wild and free or are there rules?
Recently in the Fair Work Commission in the case of Roberts v View Launceston Pty...
Workplace complaint investigations Sydney
Workplace complaint investigations Sydney - do it yourself or call an expert?
Workplace complaint investigations Sydney- You don't have to be Sherl...
Some interesting decisions at FWC
Employers should be aware of three recent cases where employees were found to be unfairly dismissed.
In Anderson v Thiess Pty Ltd [2014] FW...
Will the FWC decision in Leighton Boral spell the end of personal responsibility?
Will the FWC decision in Leighton Boral spell the end of personal responsibility?
I am sure that everyone is aware of this case; it's been al...
Unfairly dismissed – Know the time limits
Unfairly dismissed - Know the time limits
It is important that if you are dismissed and feel that the dismissal was unfair if you wish to lod...