“Reasonable Management Action” is NOT enough… it must be taken in a REASONABLE way!

Dec 6, 2021

Workers,

It is nearly Christmas and while we are moving into the festive season, we are seeing a large number of employers “tidying up” for the end of the year.

It is becoming more and more common for employers to engage HR consultants to enter the workplace to ‘conduct a workplace investigation’ and / or ‘take management action’…. and some employers take the view that by out-sourcing this, they are discharging their obligations and duties to the employees.

However, this is not so. Reasonable management action must be taken in a REASONABLE WAY and that will always depend on the circumstances and the people involved. The HR consultant may have little or no knowledge of the individual employees – their history, strengths and vulnerabililties. Further, although ‘independent’ they are engaged and paid by the employer to achieve an outcome.

You, the worker, still have your workplace rights:

  • to be advised in writing of any allegations against you;
  • to be given reasonable opportunity to answer those allegations;
  • to have a support person present at any “management action” meeting;
  • to access support services, particularly when requested by you;
  • to be provided with confirmation in writing of the outcome of any workplace investigation.

Call Denise if you consider you have not been treated fairly to discuss your options.

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