DMA provides highly experienced investigation and surveillance services to both private and corporate clients. Our extensive network of professional investigators enables us to conduct investigations cost effectively and efficiently. DMA has on the ground resources and capabilities within all states and territories of Australia with the ability to mobilise a team of bespoke private investigators at short notice.
To discuss how we can assist with an issue, contact us now in confidence. Discretion is assured.
DMA is also a qualified and recognised VWA work safe provider. Provider No. 365762.
Our investigators are fully qualified and experienced in both factual and surveillance matters often working under legal professional privilege as we are regularly engaged by lawyers to conduct investigations on behalf of their clients.
Investigations are extremely time-consuming which is time you cannot afford to devote to a thorough investigative process. The engagement of an external workplace investigation company allows you to focus on your core business. By engaging a licensed specialist who can manage the matter to conclusion you also alleviate a perception of bias.
Bullying can happen in person or online, via various digital platforms and devices and can be obvious (overt) or hidden (covert). Under the Fair Work Act 2009 (Cwlth) workplace bullying is defined as repeated unreasonable behaviour directed towards a person or group of people that creates a risk to health and safety which makes another person feel intimidated stressed or unsafe. Bullying of any form or for any reason can have immediate, medium, and long hyphenated term effects on those involved, including bystanders. The behaviour whether intentional or unintentional is defined as ‘verbal, physical, social or psychological abuse’ directed at anyone who spends time in a workplace in a capacity which assists that workplace. This can include permanent and casual employees, apprentices, interns, volunteers, work experience students and visitors.
Occupational Health and Safety Laws outline an employer’s legal onus of ensuring the health, safety and welfare of workers is protected. Failure by employers to respond to a workplace complaint of bullying and harassment within a correct and timely manner may result in Enforceable Orders from the Fair Work Commission.
A worker who perceives they are being bullied at work may apply for a Stop Bullying Order to force the employer and/or accused person to remedy the situation or face significant financial penalties through the Fair Work Commission. Before issuing a Stop Bullying Order, the FWC must take into consideration any investigation currently been undertaken by the employer and the outcome of such investigation.
Employers need to ensure that their performance management processes are fair and reasonable and should have robust policies and training in place to address both formal and informal complaints of bullying in the workplace. Engagement of an external misconduct investigation specialist company, depending on the seriousness and complexity of the complaint, may be the most appropriate response in providing a timely cost-effective and thorough service.
Dissatisfaction or grievances with organisational and management practices or poor management practices on their own, are not workplace bullying. At times people may feel that their working life is unpleasant and that they are being inappropriately treated; but feeling upset or undervalued at work does not mean an individual is being bullied at work. Reasonable management action such as performance management process, disciplinary action for misconduct, informing an employee about unsatisfactory workplace performance or inappropriate workplace behaviour, asking an employee to perform reasonable duties in keeping with their job and maintaining reasonable workplace goals and standards provided they are carried out in a reasonable manner is also not considered to be bullying.
There are different reasons why people bully, including: wanting to dominate others and improve their social status; having low self-esteem; having a lack of remorse or failing to recognise their behaviour as a problem; feeling angry or frustrated; struggling socially; and/or being the victim of bullying themselves.
BRODIE’S LAW
In 2011 the offence of stalking in section 21A of the Victoria Crimes Act 1958 was extended to cover behaviour that amounts to serious bullying. The offence of stalking carries a maximum penalty of 10 years imprisonment. Brodie’s law can apply to all forms of serious bullying, including physical bullying, psychological bullying, verbal bullying, and cyber bullying. It is not limited by the location at which the conduct occurred or was experienced by the victim. Brodie’s law will apply to the most serious types of bullying behaviour. For it to apply there must be a course of conduct, that is, repeated bullying behaviour. The bully must also intend that the bullying cause physical or mental harm, including self-harm, to the victim.
Where a doubt between an employee’s private interests, obligations or relationships and their professional obligations to the organisation exists, DMA can conduct an independent workplace investigation into the perceived misconduct involving a conflict of interest.
You’ve read the books, seen the movies – Sherlock Holmes, Miss Marple, Sam Spade, Phillip Marlowe, Poirot (after all he is better than the police), The Rockford files, Magnum PI (furthered his career and is now a CCP) and even Shakespeare & Hathaway; and not to forget Jake ‘J. J.’ Gitties. Fast cars, plenty of…
Private investigators specialise in research, surveillance, and other methods of investigation. Many are from police background although this is not a prerequisite as all investigators need to have completed and qualified under a recognised state and/or territory course in order to hold a private investigator license. Private investigators may be employed by private individuals, companies,…
