WA Deadline for reporting disrespectful behaviour?

Discussion in 'Employment Law Forum' started by Mate, 1 February 2019.

  1. Mate

    Mate Well-Known Member

    Joined:
    4 March 2016
    Messages:
    23
    Likes Received:
    0
    Hi all,

    There was a recent example where an employee reported a disrespectful behaviour from another colleague about 40 days after the event occurred.

    Are there any stipulations under the employment law about investigations of such events?

    Should these incidents be treated equally as serious as incidents reported immediately?

    Many thanks.
     
  2. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    5,957
    Likes Received:
    828
    1. Sort of. A court will look at the events and decide for itself if the investigation is reasonable. The employee under investigation needs to be able to explain their side of their story. The employee should possibly have a support person, union rep, or 3rd party witness available depending on the seriousness of the incident. FYI HR doesn't not count as a support person/independent witness.

    2. As a rule, yes, unless there is some unusual circumstance.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Mate

    Mate Well-Known Member

    Joined:
    4 March 2016
    Messages:
    23
    Likes Received:
    0
    Will the court and/or HR down play the event because the fact that significant time has lapsed may mean:

    - loss of credible evidence,
    - it may question the malicious nature of the reporting etc.
     
  4. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,662
    Likes Received:
    345
    40 days isn't long. You could be talking months before the matter got before a court.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;