It Will Never Happen to Me…Right?

by Oct 10, 2021Industrial 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

Click on the “Ask an Expert” to get started

My business is too small to worry about.

It is amazing how many times this crops up when we first visit a business to discuss payments and entitlements that may or may not be due to employees.

To be fair, it is not usually said directly, but it becomes apparent in the attitude of the business owner when we start to delve into the way that wages and salaries are paid, recorded, and calculated.

So, with the aim of keeping businesses out of trouble and staff happy in their workplace, we thought it might be worthwhile to throw a few recent cases into the discussion so all business owners can see that this can be a very serious matter and can become very costly if left unattended.

We should add, at this point, that these cases come via the auspices of the Fair Work Ombudsman and can be found in their list of media releases for July 2021 .

The REALLY important thing to note here is that each one of these cases is against the Sole Trader or Sole Director of the business

Furniture Removalist Faces Court

After receiving enquiries from former employees of a small furniture removal business in Queensland concerning the amount they were being paid, a Fair Work Inspector issued two Compliance Notices to the business after forming the view that they had been underpaid.

The owner of the business did not take reasonable action to address the notices and the matter has proceeded to court action. The owner of the business now faces a fine of $6,660.00 per failure to comply.

Plumbing Business Operator Faces Court

The Sole Trader of a plumbing and air-conditioning business was issued a compliance notice when a former worker, aged 18 at the time of the complaint, queried the FWO about how much he was being paid.

The owner of the business did not take reasonable action to address the notice and the matter has proceeded to court action. The owner of the business now faces a fine of $6,660.00 per failure to comply.

Beauty Business In Court

The regulator investigated after receiving requests for assistance from two former workers who had been employed on a full-time basis as a receptionist and a beauty therapist respectively.

Matters involved in these cases related to payment of below minimum wages, payment of annual leave entitlements, and payment in lieu of termination of employment. The Business did not take appropriate steps to comply with the notices issued, and the matter has proceeded to court action.

The company now faces fines of up to $33,300.00 per breach and the Sole Director is facing penalties of up to $6,300.00

Wrong – It Can Very Easily Happen to Any Business That Employs Staff!

Each one of these cases relates to a business that is owned by a Sole Trader or has a Sole Director. These are not big businesses, but it seems that they are businesses that did not get their policies and procedures in place to make sure that they complied with the law. And it is worth noting that the Law can change almost without you knowing.

At Assurance HR we keep up with those changes and our aim is to ensure that it doesn’t happen to you.

We can organise things so that, from hiring a new staff member to dismissing one when required, your business takes all the necessary steps to get it absolutely right.

Ask an Expert

You May Also Like…