Are You Handling FDVL Confidentially?

by AHR SupportJun 6, 2023Fair Work, Human Resources, View All

Workplace investigations are a vital part of maintaining the integrity and fairness of any organisation. When issues arise, it’s important for businesses to act quickly, ensuring that they address concerns in a transparent and lawful manner. Different types of investigations are needed for different situations, each requiring a tailored approach to ensure fair outcomes for all involved. Below are some of the most common types of workplace investigations and when they should be used.

Misconduct Investigations
Misconduct investigations are necessary when an employee breaches company policies or behaves inappropriately. This might include theft, dishonesty, substance abuse in the workplace, or breaches of confidentiality. Misconduct can also cover actions that damage the company’s reputation or relationships with clients. It’s important to act quickly when dealing with misconduct to maintain workplace standards and protect the business from potential legal liabilities.

Harassment and Bullying Investigations
Investigations into harassment and bullying are crucial when employees report or experience inappropriate behaviour. Whether the issue is sexual harassment, racial harassment, or bullying, businesses have a duty to investigate and take action. These investigations must be handled with care, ensuring that both the complainant and the accused are treated fairly, and that the process remains confidential. Addressing such issues promptly not only protects employee wellbeing but also helps to maintain a respectful workplace culture.

Discrimination Investigations
Discrimination investigations come into play when employees feel they’ve been treated unfairly due to attributes such as race, gender, age, disability, or sexual orientation. These cases can be complex and require careful handling to ensure compliance with anti-discrimination laws in Australia. A thorough investigation is essential to ensure that all claims are properly examined, protecting the organisation from legal action and fostering an inclusive workplace.

Health and Safety Investigations
When a workplace incident or a near-miss occurs, a health and safety investigation is needed. These investigations help to determine whether existing safety measures were followed and if further action is required to prevent future incidents. Compliance with workplace health and safety laws is essential in Australia, and these investigations ensure that businesses fulfil their obligations to protect their employees.

Workplace Culture Investigations
In some cases, broader concerns about workplace culture may require investigation. This can occur when there are ongoing issues affecting morale, such as repeated complaints about management or widespread dissatisfaction among staff. A culture investigation looks at systemic issues within the workplace and seeks to identify patterns that may be harming the work environment. These investigations provide valuable insights for leadership teams to implement lasting positive change.

How AHR Can Assist with Workplace Investigations
Conducting a workplace investigation requires impartiality, expertise, and a thorough understanding of Australian workplace laws. At Assurance HR (AHR), we specialise in handling workplace investigations with a high degree of professionalism and confidentiality. Whether you’re facing allegations of misconduct, bullying, discrimination, or safety breaches, AHR has the expertise to guide your organisation through the investigation process.

Our team works with you to ensure that every step of the investigation is conducted lawfully and fairly. We help gather evidence, interview witnesses, and provide detailed reports on our findings, making sure you have all the information needed to resolve the issue. By choosing AHR, you can focus on your business while we take care of the complexities involved in workplace investigations, ensuring you remain compliant and maintain a positive work environment. Let AHR be your trusted partner in managing workplace investigations with confidence and care.

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The following article discusses Family and Domestic Violence Leave (FDVL) and may be found as confronting or a trigger to some.

Recent and ongoing Fair Work legislative changes will undoubtedly see an increase in employee use of Family and Domestic Violence Leave (FDVL). In response, the AHR Team strongly advise that employers review current confidentiality practices surrounding employee application for leave and record keeping processes.

To recap legislative changes, as of the 1^st of February 2023, employees of non-small businesses (15 or more employees) can access up to 10 days of paid Family and Domestic Violence leave (FDVL), with employees of small businesses (less than 15 employees) able to access this same entitlement from the 1^st of August 2023. For more information see our article, ‘Family and Domestic Violence Leave’.

Employers need to be aware that this leave will be:

Made available to full time, part time, and casual employees.
Available from the first day of employment.
Paid as ‘time worked’. Unlike other leave that is calculated on a base rate, FDVL is to be paid for the allocated shift meant to be worked, inclusive of shift loading and penalties.

Requested for a variety of reasons such as, court proceedings, counselling, recovery, relocating one’s self or a close relative, attendance at appointments with doctors, lawyers, and the police.
Available leave will reset annually to 10 days. For example, if 3 days have been used throughout the year, it will return to a total of 10 the following year.
Strictly confidential. It will be a business’s responsibility to ensure FDVL IS NOT displayed on an employee’s payslip.

When receiving an application for FDVL, employers need to maintain employee privacy above all. An employee’s intent to take this type of leave should be safeguarded by the employer, and all interactions and documentation surrounding this should be treated sensitively and confidentially throughout the entire process.

The AHR Team have determined a few noteworthy tips:

Upon receiving documentation from an employee that supports an FDVL application, a note should be made to verify that is has been sited and the document then returned to the employee or shredded.
In keeping any hard copies of employee details, the file must be kept securely in a locked filing cabinet or equivalent. If kept in a digital space, the space needs to be secure with limited and monitored access.
An employee’s payslip MUST NOT display the FDVL leave. If a payslip displays FDVL, it could have severe repercussions for the employee, particularly if the payslip finds its way to the perpetrator. We recommend that employee ‘use’ and ‘balance’ of this leave is kept as a hard copy on an employee’s file or that a note be placed in the employee’s tab in your preferred payroll software.

The main principle behind these efforts is ‘safety’, and therefore employers need to do more ‘in person’, to prevent information trails of text and email that could place an employee in more danger.

If you are concerned about your current business practices surrounding FDVL, it is advisable you call the AHR Team urgently on 1800 577 515. Specifically, we can equip you with a checklist on how to confidentially support your employees, we can support and work with you to implement Policies and Procedures in relation to FDVL, and/or we can do all of this for you alongside visits to the workplace to support your business with a Family and Domestic Violence case in conjunction with the authorities.