Procedural Fairness in Workplace Investigations: Potential Flaws and Proposals for Change

Allison Ballard and Patricia Easteal, (2018) ‘Procedural Fairness in Workplace Investigations: Potential Flaws and Proposals for Change’ Alternative Law Journal doi: 10.1177/1037969X18772134

13 Pages Posted: 25 Aug 2018

See all articles by Allison J. Ballard

Allison J. Ballard

University of Canberra - School of Law

Patricia L. Easteal

University of Canberra - School of Law and Justice

Date Written: August 17, 2018

Abstract

In this article, we look at how procedural fairness in workplace investigations into allegations of workplace misconduct may be problematic. Through an analysis of some case law and the survey findings from five experienced investigators, we examine how the process can be flawed by a lack of fairness, neutrality and timeliness. Having then looked at the costs of flawed investigations, the article concludes with suggestions from the Court and those at the coalface on how best to ensure procedural fairness occurs.

Keywords: access to the law, bullying, dispute resolution, employment law, employment rights, workplace relations

JEL Classification: K40, K49

Suggested Citation

Ballard, Allison J. and Easteal, Patricia L., Procedural Fairness in Workplace Investigations: Potential Flaws and Proposals for Change (August 17, 2018). Allison Ballard and Patricia Easteal, (2018) ‘Procedural Fairness in Workplace Investigations: Potential Flaws and Proposals for Change’ Alternative Law Journal doi: 10.1177/1037969X18772134 . Available at SSRN: https://ssrn.com/abstract=3233371

Allison J. Ballard

University of Canberra - School of Law ( email )

Australia

Patricia L. Easteal (Contact Author)

University of Canberra - School of Law and Justice ( email )

Australia

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