The Fair Work Commission has rejected the findings of an HR manager's misconduct investigation after hearing she failed to interview key witnesses, including the accused employee.
Workplace surveillance can deter unwanted behaviours and provide strong evidence to back up employment decisions, but only if the practice is clearly set out in policy, an employment lawyer warns.
The Fair Work Commission has slammed an employer's investigation and dismissal of an employee for leaking "confidential HR information", describing the process as a "very regrettable display of incompetence".
Employers using any form of workplace surveillance must be mindful of the intersection between employment law, HR policy development, and workplace privacy and surveillance laws.
Bullying investigations often uncover new allegations in the course of interviewing respondents, so employers must ensure they take steps to avoid "scope creep", an experienced investigator warns.
Workplace misconduct and bullying investigations involve the same processes and principles, but the "strict liability" applying to the latter imposes additional, more onerous considerations, according to an investigations expert.
The Fair Work Commission has criticised an employer's investigation and subsequent dismissal of a worker for misconduct, saying its HR manager should have ensured a proper process was followed in its show-cause meeting.
A worker who was sacked for breaching his employer's zero-tolerance drug and alcohol policy has had his unfair dismissal claim rejected, despite his employer questioning the test results and admitting to procedural unfairness.
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