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Workplace Investigations: Justice and the Legal Regulation of Employer Conduct

New Arrival Workplace Investigations: Justice and the Legal Regulation of Employer Conduct

Workplace Investigations: Justice and the Legal Regulation of Employer Conduct

Author: Adriana Orifici
Publisher: Oxford University Press
ISBN: 9780198969990

Published In: May 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: AU$273.00

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Description
Contents

Details

Internal inquiries conducted by employers into suspected misconduct by employees—commonly known as workplace investigations—are significant and common processes in Australia. These investigations carry significant implications for all involved, especially for the employee under scrutiny. Workplace Investigations offers the first comprehensive legal analysis of how such processes are regulated.

Drawing on interdisciplinary literature and employing doctrinal, theoretical, and empirical legal research methods, Adriana Orifici examines the central dimensions of law—both statutory and judge-made—that govern employer conduct during investigations. The book critically evaluates these frameworks with a focus on the rights and experiences of the respondent.

Central to the volume is the development of a normative framework of justice tailored to workplace investigations. This framework, grounded in ideas about workplace democracy and citizenship, identifies nine key elements that should guide fair and lawful employer conduct. These principles inform a proposal for legal reform aimed at enhancing procedural fairness and accountability.

While rooted in the Australian context, Workplace Investigations offers insights and recommendations that resonate across common law jurisdictions such as the United Kingdom, New Zealand, and Canada.

Chapter 1:Introduction: The Emerging Legal Challenge of Employer Conduct in Workplace Investigations

Chapter 2:Employer Practices, Conflicts, and Controversies in Workplace Investigations: An Examination of HRM Literature

Chapter 3:A Framework of Justice for Respondents in Workplace Investigations

Chapter 4:The Regulation of Employer Conduct Towards Respondents During Workplace Investigations Through Judge-Made Law

Chapter 5:The Regulation of Employer Conduct Towards Respondents During Workplace Investigations Through Statute

Chapter 6:An Empirical Profile of Respondents' Views and Experiences of Workplace Investigations from Tribunal Decisions

Chapter 7:An Evaluation of the Legal Regulation of Employer Conduct During Workplace Investigations

Chapter 8:

Appendix 1:Chapter 6-Codebook First Cycle Coding

Appendix 2:Chapter 6-Codebook Second Cycle Concepts and Categories

Appendix 3:Chapter 6-Decisions Analysed