Blog Archive August 2010
Australian Investigation Agencies I would like to work for
There are literally hundreds of Investigation Agencies in Australia. The majority are small one or two person businesses, however there are some that employ subcontract Investigators, because the operate on a statewide of National basis. I am frequently asked who are the best ones to work for. I have not worked for them. But I have met most of their staff. Here are a few examples of established Agencies that have emerged stronger than ever from the GFC, who I consider progressive industry leaders and I would like to conduct investigations as a subcontract investigator.
NSW - GHA - G Hughes and Associates - Client Service focus, quality work, qualified staff, strong leadership, Loss Adjusting as well as factual and surveillance Investigation.
Vic - MPOL - Mark, Vince and Siham are a strong competitive team. Qualified staff, dynamic leadership, Australia wide service, now well established in NSW. corporate fraud, Debt collection, real debugging, factual and surveillance investigation.
Tas Hobart - Crawfords - Graham has a qualified and talented team of Loss Adjusters and factual investigators. Blue chip clients, competitive but realistic business growth strategy. Client service focus, highly qualified team, can handle any type of investigation.
Tas Launceston - Sage Management - If Rob had stayed a Police Officer, the Tas Police Service would be run as a profitable business by now. Thank god he didn't and now Insurance and Government Clients are benefiting from his business acumen, and quality factual, surveillance and process serving services.
Qld - Ashdale Integrity Solutions - Bryan captured a niche market in internal grievance and complaint, internal discipline and dispute. The go to organisation for Government Department's needing quality factual investigation services.
NSW - C&A Insurance Support Services - Coralie and the team have created a substantial investigation agency primarily in the workers compensation area. Specialist factual investigators, with a strong highly qualified team. Model your future on this organisation, it will guarantee success.
Vic - LKA - Operating Nationally Vince's team continues to deliver volumes of investigative services solutions for clients in every form of Insurance Investigation. Has successfully added government internal grievance and complaint, internal discipline and dispute investigations to their services.
Vic Probe - Bruce looks younger and fitter at 60 than I look at 50. Probe is always growing, on the look out for new business opportunities and delivering quality factual and surveillance services to a who's who list of state and federal government clients and insurers.
Vic CHS - Manja and Jim's investigation service specialises in complex workers compensation matters. Experienced, qualified staff with a strong client focus this agency successfully operates in Australia's most competitive state for investigative services.
Vic - D W Bowe - Murray operates a client focused investigation agency delivering quality factual and surveillance services. Highly qualified, highly motivated staff and clients with high expectations which are met.
Vic / NSW - Pinkertons - Andy and Tania provide corporate and insurance investigation solutions as well as risk management services through two states, but are so successful they operate internationally as well. Need any form of investigation done? Call Andy.
NSW - Barringtons - Blayne and Don have recently been awarded national insurance contracts. This organisation I actually have worked for and has my highest recommendation. Ethical, progressive, consultative and satisfied clients.
ASIAL the poor victim of the Training Industry in NSW
Investigation Industry Flyweight Deloitte's has punched the buttons and delivered shock metaphorical black eyes to Security Industry Heavy Weights and a potential death blow to Sumo Weight Industry Association ASIAL.
How did Deloittes do that from an environment where the most dangerous thing that can happen to it's staff is a really nasty paper cut?
Deloitte's were engaged by the NSW Police to review the CAPI / Sir dual Security Industry Licensing system
See the review as disseminated by the NSW Police here..
See the letter to Master License holders from NSW Police..
ASIAL desperate to stay alive have found a scape goat blaming the Training Industry for the 2007 Security licensing issues. Ged Byrnes President of ASIAL says:
"Industry is now being penalised and blamed because the NSW Government failed to correct internal faults within the regulator (in dealing with the 2007 license issues) and with VETAB (in the ongoing accrediting and proper auditing of training providers). "
Here is a short history lesson that has been hidden:
ASIAL has had representatives at meetings involving changes to the initial 1998 PRS Asset Security Training Package, the PRS03 Asset Security Training Package. These meetings convened and conducted by Brendan Mulhall of BMA Consulting and attendees names were documented. ASIAL members sat on steering committees for the design of each training package. The Chairman of the CPP 07Asset Security Training Package steering Committee and the Managing Director of that Committee were from organisations that are members of ASIAL. So ASIAL had input into all this training design and now is blaming the Training Industry. How many ways can you have it ? One day you are steering, monitoring and advising on how training should happen, and then when it suits, you blame the industry that you advised.
I am pleased that positive change is happening to Investigations Licensing in NSW. I don't agree that the expense should be so high or passed onto those doing the work, it will cause a lot of damage and risk monopolies and cartels emerging.
Don't blame Deloittes for for fixing a broken system, they are Investigators and they understand Investigations.
Here are the people who conducted the 07 Training Package review If you look closely apart from the Chairperson and Managing Director there are 5 other members of ASIAL on this committee, 7 out of 26.
"In 2006 BMA Consulting was contracted to redevelop PRS03 Asset Security Training Package for incorporation into CPP07 Property Services Training Package. Consultation and validation processes confirmed that while the existing qualifications structure continued to meet the needs of industry, additional flexibility was required. The major outcomes from the review were:
. updated units of competency and qualifications enhanced pathways through the redevelopment of the Certificate I qualification
. increased flexibility through changed packaging arrangements and use of skill sets in key areas (e.g. monitoring room operations and investigative services).
The redevelopment of PRS03 was overseen by a Project Steering Committee chaired by Mr Tom Roche, Managing Director, SNP Security. The Project Steering Committee comprised:
1. Tom Roche (Chair), SNP Security
2. Rod Anderson, ISS Security Pty Ltd
3. Mark Boyd, Liquor, Hospitality and Miscellaneous Workers’ Union
4. Simon Bradstock, Worksafe Solutions
5. Richard Campbell, Department of Education, Training and the Arts, Queensland
6. Mike Crowley, Queensland Police
7. Graham Drury, Wilson Security
8. Ted Dunstone, Biometrics Institute
9. Antony Elliot, E & C Security Systems Pty Ltd
10. Dianne Franks, National Security Training Academy
11. Bernie Galletti, TAFE NSW
12. Gary Grant, Chubb
13. Alan Harries, Institute of Mercantile Agents
14. Anna Henderson, Business Skills Victoria
15. Phill Houlton, NSW Police
16. Joseph Kennedy, Liquor, Hospitality and Miscellaneous Workers’ Union
17. David Magee (Project Manager), Construction and Property Services Industry Skills Council
18. Mike McKinnon, Qantas
19. Rachael Mitchell, Commonwealth Department of Transport and Regional Services
20. Brendan Mulhall, BMA Consulting
21. Belinda Murphy, Victoria Police
22. John Nibbs, Commonwealth Department of Defence
23. Tim Sell, International Security Training Academy
24. David Stroud, Commonwealth Department of Education, Science and Training
25. Amanda Thomas, TDT Australia
26. Bill Whalley, VAST Academy."
From the CPP07 Property Services Training Package Volume 1 of 6 Introduction
Qualifications Framework Assessment Guidelines Competency Standards
Sixty Second Cheat Sheet Australian Investigation Associations
Sixty Second Cheat Sheet - Australian Investigator Industry Associations
37 Million Dollar Sexual Harrassment Law Suit
The 37 Million Dollar Sexual Harassment Law Suit that has taken the Election off the Front Page- Investigation Perspective
In cases such as this ultimately there will be a payout, how much will be determined by negotiation between lawyers and insurers. In similar cases both Plaintiff and Defendant are usually presented by their legal counsel, as lilly white, god fearing, church going, charity supporting, hard working, outstanding members of the community, who have never even had as much as a parking ticket. This one is unusual becuase the two parties are in the "sexy" field of retail fashion chain outlet publicity and promotion, so social interaction, new seasons launches, drinks and event participation is a requirement. This is not a defence but it is relevant.
In this 37 Million Dollar Sexual Harassment Claim - Kirsty Fraser Kirk is suing David Jones for $37 million as a result of allegations of sexual harassment by DJ's Former CEO Mark McInness.
The previous highest dollar value law suit for sexual harassment was from Christina Rich who sued Price Waterhouse Coopers for an amount of 11 million dollars. She earned $900,000.00 a year as a tax advisor, and received an undisclosed settlement from PWC. This payout would have been substantial due to her future economic loss, and fair enough she lost because of morons sexually harassing her.
Malortzata Poniatowska recently won a payout of $466,000.00. In the process it was discovered she was on the dole while working for the compay she was suing. "A woman charged with dole fraud has told an Adelaide court she will pay back the money when her record sex harassment claim is paid out by the Federal Court. Malgorzata Poniatowska has pleaded guilty to 17 counts of knowingly defrauding Centrelink and will be sentenced in October. Poniatowska, 41, was last month awarded $466,000 after a sex discrimination case against the South Australia's largest home builder, the Hickinbotham Group.The Hickinbotham Group is appealing against the judgment, which awarded Poniatowska the state's highest sex harassment payment to date." On August 3, 2010 the Supreme Court overturned Poiatowska's conviction on 17 charges of defrauding Centrelink, which she had pleaded guilty to previously. Her lawyers successfully argued Post Traumatic Stress Disorder. $466,000.00 can buy very good legal representation.
Facing a $37 million dollar law suit what will the potentially liable Insurer do? This is what will unfold:
1. The Insurer of DJ's will be served with a statement of claim outlining the particulars of the claim (what is alleged happened and when and where).
2. The Insurer will interview all relevant people at DJ's who have worked with or know the Defendant, but will not interview the Plaintiff.
3. Every detail of every incidence of where the Plaintiff participated in, or was present at a meeting at work where a remark, gesture, joke, a look, viewing of a photograph, picture or video, sending of an email, or making of comment of a sexual nature by any one will be documented, collated and preserved, complaint or no complaint at the time.
4. Her work computer will be forensically examined.
5. All past work phone call numbers will be examined (mobile and land line).
6. The Plaintiff's friends and associates past and present will be located and interviewed if they will participate.
7. Ex partners will be located and interviewed if any.
8. Ex school friends will be located and interviewed, neighbours, ex work mates will be carefully located and spoken with about the Plaintiff's participation in any kind of behaviour standing up against or being indifferent to matters which could be considered of a sexual innuendo or suggestive nature. If photographs exist of the Claimant simply larking about at a party and having a fun joke cuddling a friend and smiling, such a photo could be seized upon by a desperate defence counsel determined to save 37 million dollars as proof of a double standard in this case. Putting a person's sex life on trial (real or imagined) is not beyond a defence barrister. Federal Politician and Lawyer Michael Hodgeman successfully did just that in a murder trial in the late 1990's.
9. The Defendant's work computers will be forensically examined.
10 Facebook and my Space will be searched for any links of potential use, if any.
11. The Plaintiff's expense claims at the workplace will be examined if any.
12. The Plaintiff's job application, resume and work performance will be scrutinised. Past work places will be contacted and checked for similar claims.
Effectively to defend the amount in this case, the Insurer will go to any lengths to reduce it's liability. This will mean even looking at who else may be joined in. For example if the sexual harassment took place at a fashion show, the organisation who managed the event, the designers, the location venue and the owners / occupiers insurers will be attempted to be joined in this claim through their insurers. Better get your Security Risk Assessments out and start going through them people.
Equally the Plaintiff's solicitor's will maintain the pressure on the Defendant's workplace. The more bad publicity the work place will get the higher the pay out and the quicker it will be settled. Each side will want to be seen by the public as the under dog victim. The Plaintiff's solictors will:
1. Locate and interview every single person who they can find who has worked with or for the Defendant, past and present. Good start.
2 Try to establish a pattern of documented similar behaviour if any from any workplace, social occasion, sporting club etc.
3 Locate and interview ex employees who worked with or for the Defendant in any workplace.
4 Locate ex employees whose concerns were ignored by the workplace, who have diaries, notes, emails, phone records, documents if any.
5 Take statements from any one who will give them in relation to similar incidents, and follow up on all hear say.
6 Seek, photos, emails, pictures, video, messages of a sexual content nature sent from the Defendant to any one, if they were and if they exist.
7 Establish and confirm if possible there was no induction or training or culture of prevention of, or response to reported sexual Harassment at DJ's if they can.
8 Seek witnesses to any similar incidents that may have happened socially in person, on social networking, at parties, functions or any where else, if any.
What are Plaintiff Investigators and what do they do?
In summary the winners will be in the best case scenario for the Plaintiff; 1 group of solicitors (hers). For the Defendant 1 group of solicitors (his). Neither Defendant or Plaintiff will get any long term benefit from this matter if it escalates and future economic loss of both will be difficult to estimate but very real.
Outcome will most likely be settlement out of court. If this proceeds to court it will hang dirty washing out for full view on both sides. The Plaintiff's solicitors have a duty of care in that regard and must balance their client's mental health and well being against accepting a lower payout. The Defendant's solicitors have reputational risk to consider, i.e how much damage it will do to the retailer's reputation. Already the denile culture of DJ's is being written about widely in the press and on websites, it is early days, and it will take some time to resolve. Moral - Enforce Policy and Procedure at all levels of the organisation. When a CEO's unwanted, uninvited actions come on the radar, take swift visible action. The average sexual harassment payout in 1994 was $30,000.00,today it is a lawyers picnic as to the boundaries of value.


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