LKA Group and Wise Workplace are proud to sponsor of the AILA Off the Map: Charting New Territory Conference! AILA Off the Map is set in the idyllic city of Hobart, renowned for its wine, produce and scenery. The conference is led by an impressive line-up of guest speakers, including the Ron Shorter award winners…
When a workplace investigation is required, there may occasionally be good reason to seek legal professional privilege regarding the findings. This is particularly the case in matters that may require criminal investigation, such as fraud, theft or sexual harassment. So, is it sufficient to engage a law firm when undertaking workplace investigation if you wish…
When conducting a workplace investigation, it is important that supporting evidence is collected in order to ensure that any decisions can be backed up, particularly in the event of legal proceedings. We examine the merits of recording evidence in a signed statement versus an affidavit. WHAT IS A SIGNED STATEMENT? The nature of a signed…
Using in-house resources to sort out organisational problems certainly makes a lot of sense. HR departments tend to be well equipped to receive and manage internal complaints, facilitating solutions as they go. But while sourcing external assistance can seem unnecessary, there are certain serious workplace situations where calling in specialist investigative expertise will be the…
Alcohol and workplaces never mix well. No matter the sort of work they do, employees should not be in the workplace when they are under the influence or still suffering the effects of alcohol consumption. This includes drinking at work or immediately before starting work, and those who are still impacted by a big night…
How many times have you wished you had a record of a conversation? Perhaps you would have liked evidence of what was said, or you would have appreciated being able to play a conversation back for training purposes. Whatever the reason, we examine the legality of recording conversations in Australia. WHEN CAN YOU RECORD A…
It can seem unbelievable that gender inequality persists in Australian workplaces in 2019. As well as the obvious human rights issues, some employers and managers fail to comprehend that a lack of gender equality can have measurable negative consequences for the organisation as a whole. Let’s examine some of the alarming statistics around the situation…
It can seem as though the difficult part of a workplace investigation is dealt with by undergoing the investigative process, and making a decision as to how to deal with the employee. But the aftermath of an investigation, for example bringing an employee back into the workplace fold after a suspension, can be equally difficult.…
One of the most difficult aspects of a workplace investigation is the moment when the investigator or employer realises the immediate suspension of an employee is required. We examine the warning signs that a suspension might be necessary, as well as the best way to handle this complex eventuality. THE WHAT AND WHY OF SUSPENSION…
For those involved in workplace investigations, one court case seems to be of central importance – Briginshaw v Briginshaw. Interestingly, this 1938 case is actually about alleged adultery in the context of divorce! So the question immediately arises – why do the concepts in Briginshaw seem to hold sway in the context of workplace investigations? In a nutshell,…