Workplace Investigations: Principles and Practice, 2nd edition
An essential guide for HR professionals, employment lawyers and workplace investigators
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The conduct of workplace investigations has become commonplace in Australian workplaces over the last decade. With the growing spotlight on bad workplace behaviours across the public and private sectors in Australia in recent years — especially on the prevalence of sexual harassment and bullying in workplaces — the need for fair, robust and reliable workplace investigation processes has grown. A workplace investigation process today needs to withstand not only the scrutiny of courts and tribunals, but also potentially other stakeholders such as shareholders and the broader workforce as transparency grows.
This 2nd edition of Workplace Investigations: Principles and Practice recognises that there has never been a greater need for the clear articulation of the principles, processes and practices in this important and expanding area.This edition includes new and expanded guidance for specialised investigations, including into sexual harassment and bullying complaints, and updated case law, to better equip those involved in managing and conducting workplace investigations to meet the challenges involved in the proper handling of workplace complaints.
Workplace Investigations: Principles and Practice will assist those with responsibility for managing and investigating workplace complaints with:
• Assessing when an investigation is required
• Scoping and planning an investigation
• Preparing for and conducting effective and respectful interviews
• Taking a trauma-informed approach and employing culturally responsive practices
• Identifying, collecting and analysing evidence
• Maintaining confidentiality when dealing with whistle blowers and protected disclosures
• Drafting factual allegations that are practical and legally defensible
• Making findings of fact in a procedurally fair way
• Managing common difficulties that may arise during an investigation
• Irving, The Contract of Employment, 2nd ed
• Catanzariti & Egan, Workplace Bullying, 2nd ed
• Donaghey & Goodwin, General Protections Under the Fair Work Act, 1st ed
Table of contents
- Chapter 1 Workplace Investigations and the
- Emergence of an Australian Profession
- Chapter 2 Workplace Investigation Overview
- Chapter 3 Initial Considerations
- Chapter 4 Planning the Investigation
- Chapter 5 Management of a Successful Workplace
- Chapter 6 Drafting Allegations
- Chapter 7 Procedural Fairness in Workplace
- Chapter 8 Categories and Sufficiency of Evidence
- Chapter 9 Gathering Evidence
- Chapter 10 Conducting Interviews
- Chapter 11 Responding to Culture, Trauma and other and other Interview Challenges
- Chapter 12 Legal Professional Privilege
- Chapter 13 Workplace Investigator Ethics
- Chapter 14 Making Findings and Writing the
- Investigation Report
- Chapter 15 Bullying Investigations
- Chapter 16 Sexual Harassment Investigations
- Chapter 18 Investigations Involving Allegations of
- Criminal Conduct
- Chapter 19 Investigations Involving Allegations of
- Chapter 20 Whistleblower Investigations
- Chapter 21 Culture Reviews
Chapter 17 Discrimination Investigations