It is vitally important that workplace investigations be conducted properly. Basic concepts such affording the subject of the investigation procedural fairness must be observed. In my time on the NSW Industrial Relations Commission I have presided over cases where flawed investigation reports have been torn to shreds and disciplinary decisions based on them overturned. This is a link to a case where an employer’s disciplinary decision based on a shoddy workplace investigation was overturned in the Commission.

Goodwin v Secretary of the Ministry of Health

A skillful mediator can assist in the resolution of workplace disputes and avoid the necessity of taking matters before an industrial tribunal. As a Commissioner, I spent a great deal of my time convening conciliation conferences and assisting parties in dispute to resolve their differences.

As with mediation, private dispute resolution, where the parties in dispute have agreed to accept the determination of the private arbitrator, can achieve a resolution of a workplace dispute without parties incurring the cost in time, money and effort that comes with formal litigation.

Experience on both sides of the bar table, and on the bench, is a distinct advantage for any industrial advocate appearing before an industrial tribunal.

Much of the work of industrial tribunals these days is taken up with unfair dismissal applications. Having represented employers and employees in such matters, as well as having heard and determined many of them as an IRC Commissioner, I am well aware of the pitfalls that lie in wait for both parties. This is a link to one such case involving a sacked prison officer that went through four separate hearings and was finally determined in the NSW Court of Appeal.

Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice

When parties are gearing up for negotiation for a new award or enterprise agreement, it can often be an advantage to have the assistance of an experienced negotiator who can bring a fresh set of eyes to the issues under negotiations.

Sometimes the best way of avoiding industrial disputation is to ask a suitably qualified and experienced practitioner to provide advice on the best way forward.

Code of Conduct complaints are a common phenomenon for those who serve as representatives in local government. They need to be handled with sensitivity and expertise.

Poor behavior in the workplace has seen the end of a lot of careers. Sexual harassment is still an issue in many workplaces. Unfortunately, many employees just don’t understand concepts such as power imbalance and personal boundaries. A structured training program can assist organizations to reduce unacceptable behavior amongst their workforce. This is a link to a case where a police officer’s comments to a colleague ended his career.

Mounce-Stephens v Commissioner of Police