Can I Stand Down My Employees?

by Oct 8, 2021Covid 19, Industrial Relations, 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.

Next Step

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One of the most common questions our team is being asked at the moment is “can I stand down employees?” If there’s no work for them to do, what are the rules? What are my responsibilities as an employer?

Basically, the answer is a stand-down is appropriate when an employee or group of employees cannot be employed or provide useful duties because of a stoppage of work that is beyond the control of the employer. The COVID-19 situation is a perfect example of this. In case of situations such as the one we’re in, the employer may “stand down” an employee or group of employees for the necessary duration, without pay.

A stand-down is a serious last resort. The first step we recommend is to have a discussion with employees about taking their annual leave. It’s also important before making any big decisions, for business owners to think long-term about the effects of stand-downs on company culture, whether your business can afford to stand down staff, and whether it’s legal to do so. Some modern awards have provision for such a shutdown and we suggest you contact us to see whether that applies to you.

Stand-downs must comply with legislation, and this is definitely something you should talk to us about before taking any steps. If there’s a reference to a stand-down provision within your modern award or enterprise agreement, you may wish to get legal advice as well. We are happy to advise you in these matters and point you in the right direction where necessary.

The main thing to consider in event of a stand-down is: is there is a genuine full stoppage of work, not just a slowing down.

There are four questions to consider when you’re thinking about standing down employees:

  • Is there a genuine stoppage? In many cases with this COVID-19 situation the answer is yes; the government has announced many services that are no longer able to operate in this climate. However, if business is simply slowing down because of the effects of social isolation this is a different issue.
  • Is it outside your control? You can’t legally stand down employees if business is poor because of your own reasons.
  • Do you see this stoppage as temporary? Will you want your employees back in a few months?
  • Could employees be redeployed to other duties within the business?

If this all seems too hard, if you are unclear on the steps, or afraid that you would make a mistake, give us a call on 1800 577 515 or email at info@assurancehr.com.au. Alternatively you can book a video chat

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