National Changes to Better Support Victims of Domestic Violence

by AHR SupportOct 3, 2022Fair Work, Human Resources, Uncategorized, 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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On July 28 2022, the Fair Work Amendment Bill was introduced to Parliament, proposing changes to the National Employment Standards (NES) to see paid Family and Domestic Violence Leave (FDVL) as a basic minimum entitlement for all employees. These changes come in an effort to provide more appropriate services, with increased capacity to meet ongoing repercussions, victim needs and required assistance. As senate inquiries are still being conducted, these changes will not come into effect (and therefore not be relevant to employees) until the 1^st of February 2023.

This will see a substantial change to the previous FDVL entitlements for full time, part time and casual employees, with all entitled to 10 days of paid leave each year, opposed to the previously entitled 5 days of unpaid leave. This entitlement will not accrue annually, therefore 10 days will not become 20, however this figure will reset annually.

In anticipation of the coming changes, employers should try to support employees by creating an approachable and informative work culture and environment. YOU can do this by:

Encouraging open communication without fear of repercussions;
Making efforts to inform employees of leave entitlements;
Increasing signage that promotes free support services;
Reviewing workplace policies and inductions for the inclusion of employee awareness of rights surrounding personal issues and work; and
Considering FDVL victim eligibility for flexible working arrangements. (FDVL victims are eligible to request flexible arrangements. Upon such a request, an employer is obligated to respond within 21 days. It is in the employer’s and employees’ best interest to accommodate these requests where possible).

Maintaining a positive workplace culture that promotes an environment of respect, value and equality is vital in supporting employees. Through the suggested changes you can help to retain great employees, supporting them with flexibility, communication and access. If you have any concerns surrounding employee wellbeing or wish to implement support plans and systems, do not hesitate in contacting our HR specialists on 1800 577 515 for a free consult.