Farren McRae Workplace Lawyers & Consultants

9 double yolk eggs in one carton. What are the odds? I cracked open the first egg this morning. Double yolk. Second egg. Double yolk. By the fourth egg, I'm thinking - is this even real? Nine eggs in. Nine double yolks. The odds? About 1 in about almost never (I never did like statistics at uni). I should've bought a lottery ticket instead. But it got me thinking about workplace investigations - it didn't really, but it is obligatory that I link this back to a work-based lesson 🤔 Sometimes you get that case where every witness tells the exact same story. Word for word. Perfect alignment. Your gut tells you something's off. Just like 9 double yolks don't happen naturally, neither does perfect witness testimony. Real memories are messy. People remember different details. They often disagree on precise timelines. They focus on what mattered to them. So when everyone's story matches perfectly, that's your double yolk moment. Time to dig deeper. What's the most statistically improbable thing you've witnessed? ---- Like this post? Like 👍 | Comment ✍ | Repost ♻️ | Save 🗄️ #humanresources #pointyendofhr #employmentlaw

Ever wanted to pick my brains about workplace investigations? As many of you will know, I have been conducting complex and high stakes workplace investigations in both the private and public sectors for over 25 years and I am an employment lawyer and former barrister. I normally charge up to $1000 per hour for one-on-one or group workplace investigations coaching. But if you join me at 11.30am (AEST) on Wednesday 10 December, I am running a FREE 1.5 hour live video Ask Me Anything (AMA) session where you will have the opportunity to ask me any burning question you have about workplace investigations. Whether you are a HR/ER practitioner or employment lawyer, this session should not be missed. The session is being run exclusively inside the Pointy End of HR community that I co-host with Alison McRae GAICD PRI (Conflict Resolution Specialist). Not yet part of our 1000+ member community? DM me for free access. Zero ads. Zero upsells. Just employment law and HR insights that matter. You can RSVP to the Q&A once you are in so you don’t miss out on a spot. You can also browse 17 previous live video Q&A and AMA sessions that we've run in the community over the last couple years on lots of different topics of interest to members, as well as all the discussion forums. ---- Like this post? Like 👍 | Comment ✍ | Repost ♻️ | Save 🗄️ #humanresources #pointyendofhr #employmentlaw

What are the 3 most common mistakes workplace investigators make? Especially when investigating unwitnessed events? 𝗙𝗶𝗿𝘀𝘁 - failing to consider whether there are other sources of evidence available. 𝗦𝗲𝗰𝗼𝗻𝗱 - conducting superficial interviews. 𝗧𝗵𝗶𝗿𝗱 - missing, irrational or illogical analysis of the evidence. I speak about these mistakes and what investigators can do to avoid them in detail in this video taken from a Q&A session I did for members of the Pointy End of HR Community. ---- Like this post? Like 👍 | Comment ✍ | Repost ♻️ #humanresources #pointyendofhr

The skill that separates good workplace investigators from great ones isn't what you think. I have been an avid follower of Canadian workplace investigator and trainer Bob Stenhouse here on LinkedIn for years and it was great to finally meet IRL at our home in Brisbane in December 2023 while he was on holiday in Oz. We had a wide-ranging chat on our back deck. In this clip we dicuss the importance of discernment to a workplace investigator, convincing statements and credibility. Watch this if you want to sharpen your workplace investigation skills. ----- Like this post? Like 👍 | Comment ✍ | Repost ♻️ | Save 🗄️ #humanresources #pointyendofhr #employmentlaw

Your Australian small business might not actually be "small" under the Fair Work Act - and that oversight could cost you. Did you know that the employees of overseas entities must, in certain circumstances, be included in the employee headcount calculation when determining whether an employer is a "small business employer" under the 𝘍𝘢𝘪𝘳 𝘞𝘰𝘳𝘬 𝘈𝘤𝘵 2009. This is a really important issue because being a "small business employer" is relevant to, for example: 1️⃣ Whether the employer is exempt from paying redundancy pay under the FW Act; 2️⃣ The length of the minimum period of employment that must occur before an employee becomes a person protected from unfair dismissal (ie. 6 months ordinarily, but 12 months for a small business employer); or 3️⃣ Whether the Small Business Fair Dismissal Code applies to a dismissal. Section 23 of the 𝘍𝘢𝘪𝘳 𝘞𝘰𝘳𝘬 𝘈𝘤𝘵 2009 - specifically sub-section (3) - provides that the headcount of employees for the purposes of determining whether a business is a “small business employer” is to include employees of “associated entities” of the employing entity. An “associated entity” has the meaning given to it by s. 50AAA of the 𝘊𝘰𝘳𝘱𝘰𝘳𝘢𝘵𝘪𝘰𝘯𝘴 𝘈𝘤𝘵 2001. If an overseas entity meets the definition of an “associated entity”, then its headcount of employees is to be included: 𝘓𝘢𝘶 𝘷 𝘕𝘦𝘭𝘴𝘦𝘯 (𝘈𝘶𝘴𝘵) 𝘑 𝘈 𝘗𝘵𝘺 𝘓𝘵𝘥 [2016] FWC 7490 at [17] per Booth DP. Picture this: An Australian company with 12 employees thinks they're covered by the Small Business Fair Dismissal Code. But their parent company in Singapore has 40 employees. Suddenly, they're not a small business anymore and an unfair dismissal claim just got a lot more complicated. Now, what is an “associated entity” in a particular case can sometimes be very clear, sometimes not so much. It nonetheless requires a careful legal analysis of the facts of the particular case. Have you come across this issue in practice? ---- Like this post? Like 👍 | Comment ✍ | Repost ♻️ #humanresources #pointyendofhr #employmentlaw

We're excited to welcome Brad Sandaver to our growing team at Farren McRae Workplace Lawyers & Consultants as Principal Consultant. Brad is a highly experienced workplace investigator with over two decades of investigative experience across the education, public, and workplace sectors. Brad has led investigations into a wide range of conduct and integrity matters, including bullying and harassment, discrimination, policy breaches, professional misconduct and professional standards matters. Most recently, Brad led the Investigations Team at Brisbane Catholic Education, managing sensitive and high-stakes workplace and conduct matters requiring sound judgment and procedural rigour. Before that, Brad worked with the Queensland College of Teachers, investigating allegations of professional misconduct and preparing comprehensive, evidence-based reports to support disciplinary and regulatory processes.. Earlier in his career, Brad spent over a decade with the Queensland Police Service in a variety of investigative roles. Brad is known for his calm, methodical approach and his ability to manage complex matters involving multiple witnesses and competing accounts. He brings significant expertise in forensic interviewing, evidence analysis and report preparation, and is valued for his professionalism, integrity, and practical judgment. Brad is committed to helping organisations address challenging workplace issues with clarity, empathy and procedural fairness. Welcome to the team Brad! John and Alison ---- Like this post? Like 👍 | Comment ✍ | Repost ♻️ #humanresources #pointyendofhr #employmentlaw