On the couch
On the couch
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We have a very comfortable virtual couch at Justitia, which is where we have our best discussions. This is what we’re talking about at the moment.
Investigators should be thorough in testing conflicting evidence
A recent decision by the Fair Work Commission (FWC) reminds employers a) of the importance of following a rigorous investigation process when serious allegations of misconduct are made, in this instance, theft, and b) that the FWC has to come to its own objective view as to the existence of a valid reason for termination […]
Insight: investigating sexual harassment in the US entertainment industry
This week Justitia was fortunate to host the Australasian Association of Workplace Investigators’ (AAWI) Melbourne Local Circle for a presentation by visiting US workplace investigator, Michael Robbins. Michael practised as a labour and employment lawyer for over 20 years before establishing EXTTI (Expert Testimony Training Investigations). He is a highly credentialed workplace investigator with particular […]
Accommodating cultural diversity during an investigation
Despite living in a multi-cultural society, we do not always adequately take stock of the impact of our customs and practices on those who were not raised in Australia, who may not have been raised in a first-world country, or who do not speak English as a first language. Grappling with bureaucratic and legalistic processes […]
School’s leader criticised for nepotism
The Victorian Ombudsman, Ms Deborah Glass, has finalised her investigation into the leadership of a former high school principal. The investigation was a result of three protected disclosure complaints referred to the office by the Independent Broad-based Anti-corruption Commission (IBAC) under the Protected Disclosure Act 2012 (Vic). Ms Glass tabled her damning report on 12 […]
From LA to Melbourne: recent investigation conferences and other developments
We try to keep our clients briefed about developments in all workplace law areas, and one in which Justitia has been active this year involves workplace investigations. So it is time for an update. Increasingly, we have been assisting clients negotiate complex misconduct issues, where an investigation was necessary due to either the seriousness of […]
Investigations: We need to get better at responding
Put yourself in the shoes of a respondent in a workplace investigation. There you are, working away in your role and most likely thinking you’re doing good work, and then someone complains about your conduct to HR. You’re called into a meeting and formally advised that an independent investigator – a lawyer even – has […]
Investigations: On ambushing, lie detection and a feather
In 2016 I was lucky enough to participate in a week-long training course for workplace investigators run by the Association of Workplace Investigators (AWI) in Ontario, Canada. AWI is an association for US-based workplace investigators. This was the first training course they’d run in conjunction with their Canadian branch, the Canadian Association of Workplace Investigators […]
