Madelaine August of Moray & Agnew provides us with informative answers to questions regarding procedural fairness. She cites the Bonny Walia v Citywide Service Solutions case, where a garbage truck driver was reinstated to his position by the FWC due to issues with the employer’s decision making steps.
Luke Gattuso of Page Seager advises readers on what common mistakes to avoid when conducting a workplace investigation. “A further trap that we often see is a failure to afford procedural fairness. This includes the need for an investigator to be impartial,” he writes.
Derogatory comments on social media can be a valid reason to terminate an employee’s employment, but a fair process must still be followed to avoid an unfair dismissal ruling. Allens’ Senior Associate Tristan Garcia and Lawyer Jo Seto report on a recent decision of the FWC.
Bell Gully’s Tim Clarke tells us that an investigation is “almost always required where the matter is complex”. In this ELM exclusive interview he informs us that “typically an investigation is required where there are allegations of a sensitive nature, such as allegations involving senior management, bullying or sexual harassment.”
In this exclusive with Phillipa Muir of Simpson Grierson, we learn about issues around workplace bullying and discrimination in New Zealand, and also how the culture shift towards ensuring inclusiveness in the workplace, particularly for the LGBTI community, has been very positive, yet is often met with some resistance.
Briony Pole of Minter Ellison reminds us that single day absences on sick leave can be damaging to a business. “The best way to minimise ‘sickies’ is to require employees to provide doctors’ certificates as evidence,” she says. Read more on the topic of ill and injured employees as well as some of the other HR topics her clients are dealing with.
In this practical and exclusive interview with Aaron Goonrey of Lander & Rogers he details why “a distinct workplace anti-bullying policy is a measure that businesses should be adopting as best practice”. He suggests that the policy should outline what is acceptable behaviour and what is not acceptable.