WHEN EMPLOYMENT ENDS…

by Oct 10, 2021Human 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 parting of the ways

The reasons that an employee leaves a business can be many and varied and, in the majority of cases, it can be a happy time for all concerned, even if it may be coloured a little by the sadness of losing a quality and long-serving staff member.

Unfortunately, there are occasions where the parting of the ways is not a happy event. In the case of termination of an employee or when an employee departs claiming harassment or mistreatment, things can become messy, litigious, and therefore very expensive for an employer.

The case in point

As an example, the Federal Circuit Court met recently to hear a case in which an HR Manager was sacked from employment for serious misconduct. The company, which had recently employed a new Managing Director, claimed that the employee had been found to be mismanaging their payroll duties with the company and failing to complete tasks according to their position description.

In addition, when the new Managing Director wished to terminate a relationship that the company maintained with a logistics firm, they discovered that the employee had signed a contractual agreement with the logistics company, which her position did not give her the authority to do.

The employee, who had been employed for 19 years with the company and was aged 54 at the time of the dismissal, claimed in response that she had, in fact, been dismissed for querying some of the terms of her employment and also requiring time off for spinal surgery.  
Further, the employee stated that the arrangements that she had made with the logistics company were in line with her historical employment duties, were in line with the business work practices over a long period of time, and fell under the guidelines of “everyday operational issues”

The Outcome

In this particular case, to outline the result of the case, the court found that the employee had been incorrectly dismissed but did not find any support for the reason for the dismissal being due to her age, health issues or questions asked about her employment conditions.

The Judge further stated, the employee was “at all times a loyal employee”, and her actions did not warrant the “drastic action” of summary dismissal.

The company was found to have paid an incorrect amount upon dismissal and ordered to pay a vastly increased sum. The final determination for costs in this matter has not yet been resolved.

Some very important points

  1. The expense involved for the company in the findings of the court was considerable – and could have been avoided.
  2. The additional expense involved for the company for legal advice and representation was also huge – and could have been avoided.
  3. The time involved in this matter could have been much better spent. The dismissal occurred in Oct 2015 and the findings were released in June 2021. This issue was dragging the business down for nearly 6 years – This could have been avoided as well.

How Could This Have Been Avoided?
The answer is simply being prepared:

  1. Having policies for all important practices within the organisation
  2. Having detailed position descriptions for all employees
  3. Having clear and simple conflict resolution procedures in place for when issues arise
  4. Having a formulated dismissal process in place to ensure you have the grounds for the dismissal.
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