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 »
Investigations & procedural fairness (228 items)
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 »
HR should have "intervened and resolved" escalating dispute
The Fair Work Commission has criticised an HR team for failing "at numerous points" to intervene and resolve a rostering dispute before it escalated to an "intractable situation". » more »
Misconduct sacking involved "unjustified" scrutiny
The Fair Work Commission has ordered an employer to reinstate a worker sacked for misconduct, finding it applied its processes inconsistently and subjected her to an "unjustified level of scrutiny". » more »
Employer's 'summary' of harassment complaint caused psych injury
A tribunal has sent a strong message about the way employers communicate allegations of s-xual harassment, in upholding compensation for a supervisor who was "shattered" by a complaint against him. » more »
Employee charged with criminal offences was unfairly dismissed
An employer acted unfairly when it sacked an employee on the basis of lost trust and confidence, because it failed to provide enough evidence for its reasons, the Fair Work Commission has found. » more »
Injured worker's position held for 'lengthy' period, dismissal fair
The Fair Work Commission has commended an employer's procedurally fair process in the lead-up to dismissing an employee who was injured outside of work and could no longer perform her job. » more »
Government appeal on personal leave; Dismissal fair despite flaw; and more
The Federal Government is appealing last month's ruling on personal leave entitlements, which if left unaddressed could cost employers up to $2 billion a year. Also in this article, a dismissal upheld despite its flaws; manager capabilities ranked by industry; and more. » more »
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