Common use of WORKPLACE INVESTIGATIONS Clause in Contracts

WORKPLACE INVESTIGATIONS. (i) The parties to the Award have agreed on guidelines (“guidelines”) concerning workplace investigations. (ii) Failure to comply with the guidelines may be used as evidence that a person or employer has failed to properly conduct or speedily conclude a workplace investigation. However, a person or employer cannot be prosecuted only because of a failure to comply with the guidelines. (iii) Upon becoming aware of possible unsatisfactory work performance or conduct by an employee the employer may decide to investigate. (iv) Workplace investigations are a process by which employers gather information to assist the employer to make an informed decision. Workplace investigations typically involve enquiring, collecting information and ascertaining facts. (v) When deciding whether to investigate possible unsatisfactory work performance or conduct, factors that the employer should consider include: • The seriousness of the possible unsatisfactory work performance or conduct; • How recent the possible unsatisfactory work performance or conduct occurred; • Potential implications in not undertaking an investigation; and • Whether there are any mitigating factors (for example drug/alcohol dependency, health issues including mental health issues, or family/domestic violence issues). (vi) Employers shall properly conduct and speedily conclude workplace investigations concerning possible unsatisfactory work performance or conduct.

WORKPLACE INVESTIGATIONS. (i) The parties to the Award Agreement have agreed on guidelines (“guidelines”) concerning workplace investigations. (ii) Failure to comply with the guidelines may be used as evidence that a person or employer has failed to properly conduct or speedily conclude a workplace investigation. However, a person or employer cannot be prosecuted only because of a failure to comply with the guidelines. (iii) Upon becoming aware of possible unsatisfactory work performance or conduct by an employee the employer may decide to investigate. (iv) Workplace investigations are a process by which employers gather information to assist the employer to make an informed decision. Workplace investigations typically involve enquiring, collecting information and ascertaining facts. (v) When deciding whether to investigate possible unsatisfactory work performance or conduct, factors that the employer should consider include: • The seriousness of the possible unsatisfactory work performance or conduct; • How recent the possible unsatisfactory work performance or conduct occurred; • Potential implications in not undertaking an investigation; and • Whether there are any mitigating factors (for example drug/alcohol dependency, health issues including mental health issues, or family/domestic violence issues). (vi) Employers shall properly conduct and speedily conclude workplace investigations concerning possible unsatisfactory work performance or conduct.