Avanti Poredi and Associates (Advocates and Legal Consultants)’s Post

Are you struggling with recruitment or retention in your team? Do you know what candidates really want, and how to make sure they get it? We dive into this very question in our guest post on the Jonathon Bray Limited blog. Enjoy! #compliance #legalrecruitment #retention #lawfirm

Does an employee have a right to silence? A question which frequently comes up on our training courses is whether employees are obliged to comply with employer investigations and whether an employee has a right to silence when questioned in the course of such an investigation. Employers are confronted with a variety of scenarios which require investigation. These range from an accusation of #bullying in the #workplace, theft of company property, or to a #workplaceaccident. These incidents usually require the employer to identify relevant parties and witnesses, and often these must be formally interviewed. Can the employer compel compliance? Read more: https://lnkd.in/d-EPDafE #investigations #employment #employmentlaw #employmentrights #righttosilence

Many of the investigations I’ve been engaged to undertake stem from complaints about previous internal—and even some external—investigations that didn’t meet expectations. When investigations are poorly managed, they often lead to far bigger problems. Whether it’s a complainant feeling their concerns weren’t properly addressed or a subject feeling unfairly targeted, the ripple effects can be significant. Here are some of the most common issues I’ve encountered. Vague Allegations: Clear, specific, and accurate allegations that, if proven, would amount to the misconduct/breach being alleged—such as bullying or harassment—are essential. If the particulars of an allegation, if proven, would not amount to the alleged breach, the allegation is ineffective and likely unwarranted. Failing to Test Evidence: It’s not enough to simply collect statements or conduct interviews—you need to thoroughly test the evidence. This means assessing the credibility of the information by comparing competing accounts and asking probing questions. Ignoring Confidentiality: Breaches in confidentiality can discourage witnesses from coming forward and can damage the credibility of the entire process. Losing Control of Difficult Interviews: Maintaining control of an interview is critical to keeping the investigation on track. While preparation is important, it’s equally important to remain adaptable during the interview. Rather than sticking to a rigid set of questions, the interviewer should be ready to adjust based on the flow of the conversation and the information being provided. Inadequate Documentation: Poorly documented investigations lack the critical detail to withstand scrutiny, especially if legal challenges or a review arise later. Not Adhering to Natural Justice: Failing to provide a fair and unbiased process can significantly damage trust and undermine the legitimacy of an investigation. Ensuring procedural fairness is crucial, and this includes offering a support person to both the complainant and the subject of the investigation. Neglecting Legal Compliance: Ignoring relevant legal requirements and regulations puts the investigation at risk and can expose an organisation to serious legal liabilities. It's essential to ensure that the investigation complies with applicable employment laws, including the correct interpretation of awards and industrial instruments. Let me know your thoughts and if I have missed anything. Matt Truelove #riskwiseconsulting

We're thrilled to announce the upcoming release of "A Practical Guide to Misconduct in Employment" by the esteemed T. Balasubramaniam and Gowri Balasubramaniam. This groundbreaking book is a must-read for HR professionals, legal advisors, and managers navigating the intricate terrain of employment misconduct.   What the Book Offers: This comprehensive guide meticulously analyzes 50 different types of employment misconduct, examined through real-life Industrial Court rulings. From Absence without Leave to Sexual Harassment, this book covers a wide spectrum of workplace issues, offering invaluable insights into the legal aspects of employment law.   About the Authors: T. Balasubramaniam: A veteran in industrial relations, his experience spans over five decades, including significant roles at MEF and MECA Employers Consulting Agency. Gowri Balasubramaniam: With 22 years in the private sector, her expertise in employment misconduct is unparalleled, especially in her current role as the Head of Employee Relations in a leading telecommunications company.   📆 Pre-Order and Delivery Details: The book is available for pre-order now, with deliveries scheduled for 13 February 2024. Ensure you secure your copy to stay ahead in the ever-evolving field of employment law.   Why This Book is Essential for Your Professional Library: "A Practical Guide to Misconduct in Employment" is more than just a book; it's a resource that empowers you with the knowledge to handle complex employment issues effectively. It's an investment in your professional growth and a valuable addition to your library.   🔗 Pre-Order Now: https://lnkd.in/gTe8Ra2Z We're excited to bring this essential resource to you and are confident it will significantly contribute to your understanding and management of employment misconduct. #CLJ #CLJPublication #EmploymentLaw #IndustrialRelations Mohd Nizam Hamdan Vimala K. Kumar Nadia Azmy Shahrizul Ikwan Hussain Hanafi Shahril  

A recent survey found that hiring managers face challenges with staying on top of changing workforce legislation. How can companies proactively bridge the knowledge gap to ensure compliance and eliminate legal risk? Cpl's Aine Fanning answers this key question... #employmentlaw #compliance #hiring #legal https://lnkd.in/eN29mfUk

In a recent decision related to a wrongful dismissal suit (Jarvis v The Toronto-Dominion Bank, 2024 CanLII 62260), the Superior Court provided guidance regarding the use of workplace investigation-related documents in employment litigation and the bounds of confidentiality. The Court ordered the employer to produce unredacted complaints, including a whistleblower complaint, and an investigation report (“investigation documents”) including all names of other employees against whom allegations of wrongdoing were made.      The employer had relied on its investigation into these complaints about the plaintiff’s conduct in dismissing the plaintiff for cause. This decision of the Court related to the employer’s delivery of redacted investigation documents to the plaintiff. Specifically, the employer had redacted the names and identifying details of the complainants and other individuals mentioned. Since the employer relied on the investigation documents in its Statement of Defence, the Court found the entirety of the documents were deemed relevant by operation of law and that their redaction was impermissible.      Applying the test for qualified privilege, the Court reasoned that it did not doubt that the whistleblower and complainants expected their complaints would remain confidential but that any promise of this sort does not protect the communication from this type of disclosure. Significantly, the Court wrote “in some work-related scenarios, confidentiality is not something an employer can or should promise” and again drew attention to the fact that the employer relied on these investigation documents in its Statement of Defence.      The employer argued that the disclosure would harm the complainants and damage the trust between the employees and employer, but the Court was not persuaded by this. The Court ultimately found that fairness required that the plaintiff be given a full opportunity to respond to the allegations, which included an opportunity to test the information that the complainants may have provided to the investigator. The Court also reasoned that disclosure would not cause considerable harm or infringe public interests.      This case serves as an important reminder of the boundaries of confidentiality of investigations in employment-related matters. 

Research and Investigations Recent #BackgroundScreening cases revealed several significant discrepancies and red flags in a candidate's employment history. ⛔ Key issues included a fake experience letter, invalid phone numbers, inconsistent employment timelines, mismatched performance reviews, and discrepancies regarding liabilities. These findings highlight the necessity of thorough employment verification to prevent #negligenthiring. The investigation demonstrated that the subject deliberately misled investigators and the company with #fraudulentdocuments, emphasizing the critical role of comprehensive #backgroundchecks in uncovering deception. #duediligence #frauddetection #fraudprevention #fraudmanagement #fraudinvestigation #fraudawareness #compliancesolutions #riskmitigation #riskmanagement #corporatefraud #compliance #financeindustry #employeescreening #Hrmanagers #Humanrecourses #Humanresourcemanagement #Recruiters #recruitment #casestudy #EmploymentLaw #HRPolicy #HRLeadership #SHRMCP #SHRMSCP #RegulatoryCompliance #LaborLaws #HRBestPractices #SHRMPeople

🚨 WHISTLEBLOWING PROTECTIONS AND EMPLOYMENT LAW 🚨 🕵♀️ Recent developments involving a major Australian company underscore the critical importance of robust whistleblowing processes and practices in corporate environments. As the corporate regulator, ASIC, begins its investigation into the circumstances that led two former executives to sue the company, this case is a useful reminder of the role a regulator may play in protecting those who speak out against alleged misconduct. 📖 Background: Two former executives have brought a case alleging a dysfunctional workplace, bullying, and victimisation against a large Australian company. These claims, which include accusations relating to a secret relationship between executives, highlight the complex dynamics that can arise in relation to whistleblowing and employee protections. ⚖️ Legal Protections for Whistleblowers: The Corporations Act provides essential rights and protections for whistleblowers, ensuring that they can report misconduct without fear of retaliation. In this case, both former executives apparently invoked these protections to raise their concerns. 📃 Corporate Governance: Effective whistleblower systems are crucial for maintaining corporate integrity. Such systems should be established to ensure that they are not compromised, or can be perceived to be compromised, to suppress reports of misconduct. Evidencing this will be important in any cases brought by employees or external regulator led investigations. 👩⚖️ Employment Law: The intersection of whistleblowing and employment law is sometimes overlooked. Employees are entitled to use the whistleblowing regime where, among other things, the complaint is about conduct ‘in relation to’ the corporation or a related entity. Employees who are entitled to protections under the whistleblower regime must not be vitamised or retaliated against. This is where the regulator may become involved. 👩💼 Legal Counsel: Ensure that whistleblower policies and processes are compliant with current laws and provide clear, accessible channels for reporting. Counsel should also be prepared to conduct impartial and independent investigations and must protect the confidentiality of whistleblowers. 👨💼 Risk & Compliance: Organisations should foster a culture of speaking up, openness and support, where employees feel safe to report concerns. HR should provide training on recognising and preventing retaliation and ensure that all reports are taken seriously and investigated promptly. 🗣️ Generally, organisations should be encouraged to foster environments where employees can speak out without fear, ensuring that integrity and accountability remain at the forefront of corporate culture. #Whistleblowing #EmploymentLaw #CorporateGovernance #LegalProtections #WorkplaceIntegrity #Management

Carly Stebbing, Partner and Head of Employment Law at Longton Legal, provides critical insights into managing serious complaints of gross misconduct against C-suite executives. This article explores best practices and legal considerations for addressing such high-stakes issues effectively and maintaining organisational integrity. https://hubs.la/Q02K8JZH0 #HRInsights #GrossMisconduct #EmploymentLaw #ExecutiveConduct

Following Adverse Action procedures is a necessary part of the screening and hiring process but can be a stumbling block for employers. Our latest blog breaks down everything you need to know! Discover the key steps, legal requirements, and best practices to improve compliance and fairness in your hiring process. Read more, https://bit.ly/3RLURMK #EmploymentScreening #Compliance #ScrenningServices