Farren McRae Workplace Lawyers & Consultants | Businesses

Farren McRae Workplace Lawyers & Consultants

Phone: +61 431 925 028

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• Labour & employment law solicitor

11.01.2022 Farren McRae Workplace Lawyers and Consultants provides workplace legal services, professional workplace investigations and dispute mediation services. https://www.farrenmcrae.com.au/

04.01.2022 We love to resolve tricky workplace issues. We advise and act for both employers and employees in relation to all aspects of workplace and employment law. We also provide transparent, effective workplace investigations and mediate complex and challenging disputes and workplace issues.... Find out more at www.farrenmcrae.com.au #farrenmcrae #employmentlaw #investigation #newlaw #mediation #professionalservices

02.01.2022 Q: Should a workplace investigator allow an employee’s support person to speak during an interview? A: Yes. The conventional position, supported by authority from the Full Bench of the Fair Work Commission, is that a support person is only there to provide moral support to the employee being interviewed and is not to speak on behalf of or otherwise advocate for the employee, even if the support person is the employee’s union representative or lawyer. ... Many employers and workplace investigators strictly enforce that position. I don’t think that is a sensible approach. While it is obviously not acceptable for a support person to seek to give evidence on behalf of the interviewee or take over the interview, it is my experience that allowing a support person, particularly a union rep or lawyer, some latitude to speak can have major benefits. First, it allows the interviewee to feel fully supported in what is often a very stressful situation. Second, it reinforces that the investigator is serious about getting to the truth of the matter under investigation and not simply prosecuting a case on behalf of the employer. Finally, and most importantly, it may be that the support person will raise valid issues that need to be addressed to avoid faults in the investigation.