Previous Fact Sheets 

Sex Discrimination Act (Cth) 1984 - Ammendments (July 2010)

http://www.inv.com.au/newsletter/newsletter.php?edition=Jul-10

Sexual Harassment - A Workplace Minefield (June 2010)
http://www.inv.com.au/newsletter/newsletter.php?edition=Sexual Harassment

Social Networking Sites - Dangers for Employees and Employers (April 2010)
http://www.inv.com.au/newsletter/newsletter.php?edition=Apr-10

Age Discrimination in the Workplace (March 2010) 

http://www.inv.com.au/newsletter/newsletter.php?edition=Mar-10

Seven Deadly Sins Committed by Employers - Workplace Investigations (February 2010)

http://www.inv.com.au/newsletter/newsletter.php?edition=Feb-10

Workplace Investigations - The Employee and the Employer (November 2009)

http://www.inv.com.au/newsletter/newsletter.php?edition=Nov-09

Employer Liability at Christmas Parties (October 2009)

http://www.inv.com.au/newsletter/newsletter.php?edition=Oct-09

Bullying in the Workplace (September 2009)

http://www.inv.com.au/newsletter/newsletter.php?edition=Sep-09


In the News


 David Jones CEO Mark McInnes Resigns after Sexual Harassment

DAVID Jones boss Mark McInnes shocked the company and the market today by quitting in the wake of a sexual harassment complaint from a 25-year-old female staff member. The unidentified staff member works in the head office marketing department for the retailer.

In a statement, Mr McInnes said: "At two recent company functions I behaved in a manner unbecoming of the high standard expected of a chief executive officer to a female staff member. "As a result of this conduct I have offered my resignation to the David Jones board and we have agreed on the mutual termination of my employment with the company, effective immediately. As a chief executive officer and as a person I have a responsibility to many, and today I formally acknowledge that I have committed serious errors of judgment and have inexcusably let down the female staff member. I have also let down my partner, my family, all my staff, the board and our shareholders. I apologise to everyone I have let down ...”

David Jones chairman Bob Savage slashed Mr McInnes's payout by at least $4 million, with the former chief getting his statutory pay of $450,000 plus a "mutually agreed" $1.5m.According to the terms of his contract, he could have picked up $3.6m in termination pay plus a bonus of $2.5m along with other long term, incentives.

The resignation and the reasons given are unprecedented in corporate Australia and analysts this morning expressed surprise at the company's willingness to disclose the full details. Some said the alleged offence "wasn't even a kiss" but clearly to protect the brand the decision was made to come clean on the details from the start.  Mr McInnes's personality was outgoing and some would say flirty but the news shocked those who knew him well saying he was very straight.

The complaint against Mr McInnes came after a function in late May. The fact that Mr McInnes would settle for a bit under $2m when he was due some seven times that amount suggested he, too, realised his actions were careless. The complainant in the Mr McInnes case went to Sydney plaintiff law firm Harmers, which also handled Christina Rich's case against PWC in which she received a big settlement.

Source: www.theaustralian.com.au. 18 June 2010

Broadcasts

Sexual Harassment  (click on the link below to listen to this webcast)

http://www.brr.com.au/event/67572/maree-skinner-special-counsel-at-dibbsbarker

Source: Boardroom Radio Australia 5 August 2010

Managing Workplace Bullying (click on the link below to listen to this webcast)

Managing workplace bullying - Andrew Douglas, Managing Director at Douglas LPT; Wayne Blair, FWA Commissioner; Gail Hubble, Barister and Anna Palmer, HR Consultant, at Provenio Consulting
Source: Boardroom Radio Australia 21 May 2010

 

What is Administrative Law?

Administrative Law is a branch of public law that is concerned with the legal control of decisions and actions of government agencies and officials, and those of non-governmental bodies which affect the public.

It is comprised of; common law, statute law and procedural rules through which government institutions and bureaucratic actions are supervised and regulated. The principles of administrative law arise out of the interrelationship between the three arms of government; the legislature, the executive and the judiciary.

What is Natural Justice and Procedural Fairness?

As the name suggests, “procedural fairness” is concerned with the procedures used by a decision maker, rather than the actual outcome reached. The term "procedural fairness" is used when talking about administrative decision making because the expression "natural justice" is associated with procedures used by courts of law.

However, for most practical purposes, the terms “natural justice” and “procedural fairness” are used interchangeably. Put simply, procedural fairness involves decision-makers informing people of the case against them or their interests, giving them a right to be heard and not having a personal interest in the outcome.

The person who is the subject of allegations has the right to:

•    adequate notice
•    be heard and put forth their side of the story
•    all relevant information to be considered by the decision maker
•    representation
•    reasons for the decision
•    an unbiased decision maker

Following are some examples of where bias could, or could be thought to, arise:

•    a decision maker has a personal interest in the decision
•    a decision maker has a work or personal relationship with the employee being investigated, or witnesses
•    a decision maker has investigated the matter in another capacity
•    a senior manager makes comment on the case in a manner which could be perceived to influence a junior decision maker
•    a decision maker is a witness in the matter.

If there is any doubt about the suitability of a decision maker, it is wise to make another choice. It may be appropriate for a person from outside the agency.


Please contact Invision Investigations and Consulting for all your workplace investigations and consulting needs via our Contact Page.

PO Box 1819 Fremantle WA 6959

Phone: Tony Langmair
           0419 144 122

           Jane Wyllie
           0404 870 311

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