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
Date Written: August 17, 2018
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: Suggested Citation