We provide a range of investigation services, from dealing with informal complaints to significant and complex formal investigations. We handle internal workplace issues with great sensitivity.
Our team of consultants has conducted many workplace investigations across a diverse portfolio of sectors and industries – from listed corporate entities to government organisations and the not-for-profit sector. Our robust process ensures clear pathways to resolution for you and your team.
We provide a comprehensive investigation report outlining the findings as to whether the allegations are made out to the required standard of proof on the balance of probabilities. Our investigation report also sets out our observations regarding the root cause of the issues that led to the complaint. This includes practical recommendations addressing relevant operational issues cultural or human resource issues.
Our experienced mediators provide independent workplace mediations to resolve disputes and workplace issues in an effective and efficient manner.
The obvious reason for referring a workplace conflict to mediation is that issues have arisen between individuals or a group of individuals that require resolution through an informal process. The process of workplace mediation involves a voluntary and confidential discussion between those involved in the conflict, which is facilitated by an impartial mediator.
Some of the key benefits of mediation are:
- it provides an early intervention that enables the participants to address issues between them before matters escalate or deteriorate further;
- participants have a voice and a safe forum to vent, clear the air and express their perspectives;
- past actions are explored and participants have the opportunity to understand the source of the conflict that’s arisen
- any agreement reached can provide a framework for an ongoing relationship – how we communicate with each other, how we resolve future conflict, etc;
- it’s an empowering process in which the participants are given agency and responsibility for their own outcomes.
- the organisation sends a clear message that it takes the matter seriously and wants to invest in assisting the participants to navigate a way forward
Modern Award Interpretation
Award interpretation determines the minimum legal pay for the number of hours worked in a specific period based on the legal agreement as outlined by the Fair Work Ombudsman.
The determination process includes the assessment of three essential features.
- The base pay is the minimum, legal amount of remuneration employees earn within ordinary work hours, and it is from this you can calculate penalty and overtime rates.
- Penalties and overtime: The extra pay awarded to employees based on services performed outside the standard work hours. This pay covers work done on public holidays, late nights, and weekends and usually has a higher rate.
- Allowances: compensation to employees for any incurred expenses during work hours or undertaking work in unfavourable conditions. You can find the different allowances that apply to different businesses on the Fair Work website.
Unfair Dismissal Claims
and General Protections Claims
Unfair dismissal and general protections claims must be handled correctly and in a timely fashion. If you do not participate in the process, a decision may be made against you.
We will work with you to break down the facts of the matter and discuss the best approach to take based on our experience and the law.
We can assist you in responding to an unfair dismissal claim by:
- Reviewing the application submitted against you and providing and advising your next steps
- Consulting with you to develop a response to the claim
- Raising jurisdictional objections where appropriate
- Representation at a Fair Work conference or hearing as an agent
- Dealing with the outcome of the matter.
Any employer should not decide to terminate an employee lightly in saying that; however, sometimes termination is the only option or the most appropriate option.
This is where Standard Candle HR can support your organisation to complete a compliant process and keep you protected.
Remember that an employee who feels they have been consulted with and treated fairly with dignity and respect is much less likely to commence legal proceedings to challenge any decision, disclose information to the media or seek intervention by the Fair Work Ombudsman or other relevant third parties.
We can assist you with:
- Ensuring you remain compliant with legislation and in line with best practice.
- Performance management
- Negotiated exits
- Workplace restructures