Workplace Investigations

With established expertise in cases involving allegations of professional misconduct and workplace misbehaviour, Gilshenan & Luton is often asked to advise upon and conduct independent workplace investigations on behalf of government departments, government-owned corporations and private businesses. 

Our investigations deal with allegations such as breaches of professional rules and boundaries, conflicts of interest, misuse of resources, and personal and professional misbehaviour (including sexual harassment).

Our expertise in conducting workplace investigations ensures that they are procedurally fair and legally defensible. Our reports and recommendations are presented in a highly professional yet accessible way, free from jargon and clutter, and tailored to suit the scope and budget of each particular client. 

Our workplace investigations team is headed by Managing Director Glen Cranny, and Senior Associate Patrick Quinn, both of whom are members of the Australasian Association of Workplace InvestigatorsGlen Cranny is also a contributing author to the leading text in this area, Workplace Investigations – Principles and Practice, published by Lexus Nexus Butterworths in 2019

Our reports are written in compliance with the reporting protocols and requirements of the Crime and Corruption Commission, or other overviewing agency, as required.

 

Case Law Updates

2020

Case Law Update:   Unlawful use of compulsorily obtained interviews and the right to a fair trial; CDPP v Leach (No 3)
Case Law Update:   Workplace Investigations - Supreme Court considers rights of Industry Safety & Health Representatives to participate in workplace investigations; Woods v Newman
Case Law Update:  Workplace Investigations - Sexual Harassment Policies: Von Shoeler v Allen Taylor and Company Lt Trading as Boral Timber

2019

Case Law Update:  Workplace Investigations - Reviewable Decisions

Articles - Workplace Investigations

Privilege against self-incrimination and the right to remain silent

Privilege against self-incrimination

The law provides a privilege (immunity) against providing information or documents which may be self-incriminating. This, alongside the right to remain silent, ensures that an accused person cannot be compelled to give evidence leading to his or her own conviction.
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When does workplace bullying constitute corrupt conduct?

When does workplace bullying constitute corrupt conduct?

The Crime and Corruption Commission (CCC) has published a paper examining when workplace bullying reaches the legal threshold to constitute corrupt conduct under the Crime and Corruption Act 2001.
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How are police complaints handled in Queensland?

The Police disciplinary system

In 2019 the law in relation to how complaints against Queensland police officers are handled changed significantly. Gilshenan & Luton were heavily involved in those discussions on behalf of the Queensland Police Union.
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Procedural fairness and objectivity required during workplace investigations

Being a workplace investigator is no job for a ‘wilting flower’

A Fair Work Commission decision delivered on 4 March 2020 comments on what it takes to be a workplace investigator. In Boyle v BHP Coal, Mr Boyle, an employee of BHP, made a joke to some of his colleagues which became subject of a workplace investigation.
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