WA Deadline for reporting disrespectful behaviour?

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Mate

Well-Known Member
4 March 2016
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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.
 

Rod

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27 May 2014
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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.
 

Mate

Well-Known Member
4 March 2016
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0
121
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.
 

Rob Legat - SBPL

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40 days isn't long. You could be talking months before the matter got before a court.