Harassment complaints mishandled as 'interpersonal issues'
S-xual harassment complaints are often misunderstood and mishandled, but a framework fairly new to Australia is transforming this space. » more »
Investigations & procedural fairness (237 items)
Don't wait for a complaint to address s-xual harassment
Some workplace cultures enable s-xual harassment more than others, and employers shouldn't wait for complaints before addressing risks, an expert says. » more »
HR's biased investigation nixes 'reasonable administrative action' defence
A senior HR manager's bullying investigation and recommendations were "tainted" with unreasonableness, a tribunal has found. » more »
Disciplinary process 'fair, thorough', adverse action claim fails
An employee was sacked because his poor performance exposed his employer to an "unacceptable level of risk", the Federal Circuit Court has ruled in rejecting his adverse action claim. » more »
Performance sackings and procedural fairness during COVID-19
Dismissing employees for poor performance can be challenging at the best of times, but in the current environment, where employees have less to lose by making a claim, it's even more of a minefield. » more »
Procedural fairness in the spotlight when disciplinary action recommences
Many employers have hit pause on disciplinary processes in light of disruptions caused by COVID-19, and procedural fairness will be critical as these recommence, says a workplace lawyer. » more »
"Sleazy" and "plainly unwelcome" behaviour warranted dismissal
A Qantas engineer was rightly sacked for "plainly unwelcome" and "sleazy" behaviour, despite errors in the allegations against him, the Fair Work Commission has ruled. » more »
Remote investigations heighten procedural fairness concerns
With many workplace investigations now conducted remotely, ensuring procedural fairness has become even more critical, a specialist says. » more »
Continued controversy over employer's 'Fair Play Guidelines'
A decision that a BHP worker who played a prank at an airport was unfairly dismissed has been quashed, after an appeal bench found criticism of the employer's "Fair Play Guidelines" was misconceived and irrelevant. » more »
Disciplinary meeting 'ambushed' employee
The five-minute disciplinary meeting that preceded an employee's summary dismissal was a chance to show cause "in name only", and more akin to an "ambush", the Fair Work Commission has found. » more »
Free newsletter
Sign up now for your complimentary HR Daily newsletter subscription and gain access to all of our free editorial, as well as special offers and event invitations.
Webinar registration
Managing sick leave, illness and absence
It has never been more important for employers to properly manage sick leave and risks of illness in their workplace. This HR Daily webinar will provide details around legal issues, case law, and management considerations.
