Disciplinary meeting was "private" under surveillance laws: FWC
The Fair Work Commission has rejected an employee's unfair dismissal claim, after refusing to accept his secret recording of a disciplinary meeting as evidence. » more »
Investigations & procedural fairness (224 items)
Evident misconduct outweighs procedural deficiencies: FWC
An employer that sacked an employee for taking excessive breaks and sleeping on the job could have done more to substantiate its allegations, but still had sufficient evidence to justify dismissal, the Fair Work Commission has ruled. » more »
Repeated work refusals justified dismissal, but not "ruthless" haste
An employee who refused to follow instructions and clung to an outdated promise about his work duties was nonetheless sacked with "deeply" troubling speed and willingness, the Fair Work Commission has found. » more »
Employees lack opportunity to respond before dismissal
Employers are botching procedural fairness requirements when it comes to providing employees an opportunity to respond to allegations before they're dismissed, legal experts say. » more »
Employee reinstated despite "completely inappropriate" party behaviour
The Fair Work Commission has upheld the dismissal of one worker who punched a supervisor in a drunken brawl at a social event but reinstated his colleague accused of the same conduct, finding the employer's investigation process lacked fairness. » more »
"Misunderstanding" led to unfair summary dismissal
An employee accused of misconduct has successfully argued he was unfairly sacked, with the Fair Work Commission accepting his summary dismissal was the result of a "misunderstanding", and marred by procedural failings. » more »
Employer discriminated against s-xually harassed worker
An employer discriminated against an employee in a sexual harassment investigation, by treating her less favourably than the co-worker accused of the conduct, a tribunal has ruled. » more »
Reinstatement ordered after HR "elevated" performance issues
The Fair Work Commission has criticised an HR manager for "erroneously elevating" allegations against a manager in a sacking that was "entirely disproportionate" to his performance. » more »
Time to overhaul 'fragmented and unsettled' investigations framework
Workplace investigations in Australia intersect with legislation that's often "complex, fragmented and unsettled", causing confusion about employers' obligations and rights, according to an expert who is calling for reform. » more »
S-x toy prank justified dismissal, but employer's process an "abject failure"
A BHP employee who was sacked after conducting an airport prank and posing in uniform for an inappropriate photo will receive compensation, after her employer failed to follow its own disciplinary process. » more »
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