Browsing: Investigations & procedural fairness | Page 8 (479 items)

A first-of-its-kind prosecution reinforces HR's responsibility to exercise extreme caution when making workplace decisions involving whistleblowers.

Despite having conducted a 19-month investigation, an employer needed "more robust" evidence to prove an employee deliberately tried to provoke workplace conflict, a commission has ruled.

An employer's "absolute failure" to disclose its reasons for sacking a "disruptive" employee has foiled its unfair dismissal defence.

A supervisor who referred to workers as "dumb c-nts" and failed to report a subordinate's harassment and excessive "farting" in the office has failed to prove his dismissal was unfair.

It was fair to sack an employee who regarded a code of conduct as simply a "moralistic document" rather than a "directive of expected behaviour", the Fair Work Commission has ruled.

An employer was right to investigate bullying complaints against an employee, but it has failed to prove that it was reasonable to later add numerous other allegations for consideration, a commission has ruled in psychological injury proceedings.

A ruling that an employer prejudged an employee's misconduct should send a "salutary message" to all others about the need to provide genuine opportunities to respond, the Fair Work Commission says.

It was "capricious and spiteful" to dismiss an employee who showed "unsophisticated" geographical and emotional intelligence when commenting on a colleague's race, the Fair Work Commission has ruled in awarding her maximum compensation.

An employer has been blocked from sacking a worker who it believed lied during her job interview, because it was unclear whether it followed a procedurally fair disciplinary process.

An employee has failed to prove he was unfairly sacked for abusive conduct, despite the Fair Work Commission finding the HR team's investigation and workplace training processes were "obviously inadequate".