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.
The criminal law principle that an individual cannot be
compelled to testify at their own trial or to confess their guilt
(i.e. their right to silence) privileges them from having to say
anything during an investigation or a trial. Silence cannot be held
against an individual to establish guilt.
So, do employees have the same right to refuse to answer
questions in a workplace investigation? Perhaps the subject matter
of the investigation will be important?
On 30 August 2013 Justice Adamson in Baff v NSW Commissioner
of Police upheld the privilege against self incrimination for
Constable Baff allowing him to refuse to answer questions by the
Police Commissioner arising from a shooting incident in May
2011.
