QLD Is employer entitled to see all relevant evidence or allegations made by employee in a WHnS incident report form?

[Xena The Warrior Princess]

During the senior management meeting, a worker brought up allegations against an employer. The WH&S representative stated that in addition to an investigation and resolution of the accusation, an incident report based on the claims needed to be completed. Nevertheless, despite numerous requests for the WH&S representative to provide stated evidence against the employer, these accusations have not yet been formally made to the employer because the WH&S representative claimed that it would not be morally appropriate for him to do so.
Is this the proper course of action, and if so, how can an employer respond to accusations if he is not provided with all factual alleged evidence against him for review?

I welcome comments and discussion based on my current situation if anyone would like to share some advice.

 

[Tim W]

Which one of these are you?

 

[Xena The Warrior Princess]

During the senior management meeting, a worker brought up allegations against an employer. The WH&S representative stated that in addition to an investigation and resolution of the accusation, an incident report based on the claims needed to be completed. Nevertheless, despite numerous requests for the WH&S representative to provide stated evidence against the employer, these accusations have not yet been formally made to the employer because the WH&S representative claimed that it would not be morally appropriate for him to do so.
Is this the proper course of action, and if so, how can an employer respond to accusations if he is not provided with all factual alleged evidence against him for review?

I welcome comments and discussion based on my current situation if anyone would like to share some advice.

None of them

 

[Xena The Warrior Princess]

Which one of these are you?

Would you mind casting some light on this Tim?

 

[Tim W]

Would you mind casting some light on this Tim?

1. Who you are/ which side you're on makes a difference to what your legal duties are.
   And therefore to what comments or suggestions the lawyers here might make
   about them.
   
   
2. I do not yet understand what
   

   ...would not be morally appropriate...

   means.
   As far as I know, there is no moral element to an HSR's role.
   
   In my experience, the thing that complainants often want is to stay anonymous,
   because the fear the sack (or some other kind of retribution) from the employer.
   That isn't always do-able.
   

 

[Rod]

The WH&S representative has a positive obligation to ensure a safe workplace. The employer MUST be informed when incidents occur so the employer has an opportunity to take remedial action.

I'd also be looking at the relevant company policies.

 

[Xena The Warrior Princess]

Hello, Tim and Rod

I appreciate you sharing your thoughts about this. As I mentioned in the text above, the employer instructed the WH&S representative to bring up the incident report in response to what the employee said during the senior management meeting, ensuring that the statements made during the meeting are likewise recorded and handled appropriately. The boss asked that this be finished as soon as possible. When questioned if this was finished, a WH&S representative always said that he was still waiting for the employee to provide him with the incident. The employer asked the WH&S representative to provide him with an update when the situation wasn't resolved.

The representative claimed that he informed an employer that he would be receiving reports/incidents and that he was pursuing the employee for the same. He also claimed that because the employer was the second party named in the incident(s) (apparently there were multiple incidents), he did not believe it was ethical to share that information with him at that time. Instead, the employer was made aware of the allegations and will be given a brief of them to respond in due course.

The employer requested this information on several occasions, but each time he did, he learned that it had been given to a WH&S representative, who then withheld it from him and repeatedly said that it was still pending. This led him to believe that everything was somehow conspiring against him and following an improper chain of events, so he asked once more for it to be sent to him immediately. Keep in mind that this individual is external and that they provide some services for the employer as contractors, not as employees.

The employer simply wants to know if this is the right course of action and, if so, how to reply to allegations if he is not given access to all of the factual alleged evidence against him for review.

I really value what both you and Tim have to say about this.

 

[Rod]

Looks like it is time to demand the information and put the WH&S rep on notice they will be responsible for losses and damages caused by their delay in informing the employer.

The employer should also appoint a new WH&S rep asap.

 

[Tim W]

...put the WH&S rep on notice they will be responsible for losses and damages caused by their delay in informing the employer.

< Tim tilts his head like confused labarador >
That must be a particular thing in Victoria, because it's not the case in NSW.
The PCBU's duties are not vitiated by having an inefficient or ineffective HSR.

 

[Rod]

That must be a particular thing in Victoria, because it's not the case in NSW.
The PCBU's duties are not vitiated by having an inefficient or ineffective HSR.

Not peculiar to Vic. Wouldn't hold up as the employer knows about it, however it is likely enough to join the WH&S rep to any legal action and will also encourage the WH&S rep to do his job properly..