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ARTICLE · 27 JANUARY 2014

The right to silence: fact or fiction in the workplace?

The judge upheld the privilege against self-incrimination, allowing the constable to refuse to answer the questions.

AustraliaEmployment and HR

Is there a right to silence in the workplace?

The world, including the workplace, operates best when we all cooperate in a proper exchange of information for lawful purposes. In trying to advise your members on their rights, particularly in serious matters, you need to consider the right to silence and the obligation to answer lawful and reasonable questions of the employer.

A general protective criminal law principle that we cannot be compelled to testify against ourselves or to confess our guilt, the right to silence, privileges us against having to say anything during an investigation or a trial. Silence cannot be held against us to establish guilt.

So, do we have the same right to refuse to answer questions in a workplace investigation?

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