Dismissal unfair after "utterly unacceptable" management failings
The Fair Work Commission has slammed an employer for its "dysfunctional" and "shambolic" workplace culture, and ordered it to compensate an employee for unfair dismissal. » more »
Investigations & procedural fairness (285 items)
HR manager's dispute resolution failures worsen psych injury
A tribunal has condemned an HR manager's handling of a dispute resolution process between a supervisor and employee, awarding the supervisor compensation for a psychiatric disorder. » more »
"Thoughtless" dismissal for serious misconduct; and more
The Fair Work Commission has deemed three dismissals to be unfair because of procedural issues, including an "overzealous" allegation, a failure to warn a worker about his inappropriate behaviour, and a lack of specific evidence about an employee's misconduct. » more »
Misconduct dismissal fair despite HR failings
A supervisor was fairly dismissed for his treatment of vulnerable jobseekers, despite "serious flaws" in the employer's disciplinary process, the Fair Work Commission has ruled. » more »
Dismissed employee 'ambushed' during workplace investigation
The Fair Work Commission has upheld an employee's unfair dismissal claim, finding the employer failed to inform him of allegations prior to an investigation meeting, and chose its own support person for him. » more »
Complete lack of procedural fairness undermined dismissal for swearing
The Fair Work Commission has accepted an employee told his manager to "f-ck off" without any reasonable justification, but found the "indecent haste" of his dismissal rendered it unfair. » more »
Employee "blindsided" during misconduct investigation, dismissal unfair
An employee who slept on the job was unfairly dismissed, the Fair Work Commission has ruled, after finding the employer "blindsided" her during the workplace investigation. » more »
Employer wins appeal against reinstatement; New dismissal rulings; and more
The Fair Work Commission will redetermine whether a worker was unfairly dismissed after his employer successfully argued the original hearing denied it procedural fairness. Also in this article, calls for more skills investment in the Federal Budget; mind performance training becoming mainstream amid increasing work pressures; and more. » more »
Lying about HR investigation warranted dismissal
An employer had a valid reason to dismiss an employee after she openly criticised a colleague who was applying for a promotion and revealed confidential details of a workplace investigation into his behaviour. » more »
Experienced HR manager criticised for flawed dismissal process
An HR manager with "significant practical and academic experience" denied an employee procedural fairness when he summarily dismissed him for breaching a workplace policy, the Fair Work Commission has ruled. » more »
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