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  1. #1
    Join Date
    May 2018

    Question Complaint Reinvestigation

    I work for a small local government in W.A. I am the HR Manager. Late last year I took a photo of two broomsticks leaned up against a wall and emailed it around the office with the title “double parking” stupid I know but not intended to offend.
    A male employee made a complaint to the CEO which was investigated by an external party. I was interviewed, admitted my crime and was subsequently issued with a written warning.

    Today I received this email from the CEO

    “I have been contacted by the Shire President, who has requested I coordinate arrangements for an interview with you by an independent investigator assigned by WALGA. Your interview is at 11.30am this Friday, 1 June 2018, at the Council Chamber - please attend this interview.

    I am not privy to any other specifics on this matter, however, I presume the matter involves the previous complaint in relation to a minor in the workplace. On the presumption that this is the matter being investigated, this would explain why I am being kept external / independent of the administration of this matter and am not privy to any details.”

    Would appreciate views on this... double jeopardy? Procedural fairness? How can the CEO’s decision be overridden by a council member? governance/administration segregation? What would you do. I have been in HR for a long time but never experienced anything like this before.

    Thanks in anticipation,


  2. #2
    Join Date
    Feb 2012


    Sorry if I'm naive, but I'm I missing the joke? What in the world would the other employee have to complain about? Perhaps just a breach on company policy in that you have sent out a bulk email that is not company related... ?

    Maybe wait until you understand what this follow-up meeting is all about. Was their a review date in the warning letter?
    You are right that it would not be fair and reasonable (in my opinion, on the facts you have provide) to be investigated all over again, when the matter has already been dealt with.

  3. #3
    Join Date
    Jun 2018


    forget that procedural fairness isn't present where is natural justice being applied here?. When invited to a meeting of this type you should be informed ahead of the meeting the nature of the meeting - especially if sanctions will potentially be imposed and the letter invite to the meeting needs to state that. I assume you took an advocate with you?
    If your actions have already been addressed by the issuance of a warning then the matter has been addressed- if that is the policy of alleged breaches that are proven. What does your Code of Conduct say?
    in local government the CEO runs the administrative business and any staff performance issues are under the accountability of the CEO to address and remedy.... not the Shire President who has responsibility under governance of the Council.

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