Worker reinstated after flawed HR investigation
An employer was wrong to dismiss a worker based on an HR investigation that excluded him from a crucial aspect, the Fair Work Commission has ruled. » more »
Investigations & procedural fairness (285 items)
S-xual harassment dismissals: hostile, derogatory comments; and explicit images
In separate s-xual harassment cases, derogatory and hostile comments towards a female colleague warranted an employee's dismissal but the employer's procedural flaws made it unfair; and another employer has defended sacking a worker for sending explicit images to his manager. » more »
Webcast: Unfair dismissals case law review
Some key themes have emerged in unfair dismissal rulings from the past 12 months. Watch this webcast to understand developments in how the Fair Work Commission handles this area. » more »
Facts discovered after dismissal made decision fair
An employer's decision to sack a worker for serious misconduct would have been unfair were it not for facts that emerged immediately after his dismissal, the Fair Work Commission has ruled. » more »
What a support person can and can't do: Lawyer
Confusion abounds about the role of a support person in a disciplinary meeting. Here, an employment lawyer clarifies what they can and can't do. » more »
Webcast: Disciplinary meetings and procedural fairness
A lack of concrete guidance on procedural fairness can make disciplinary meetings and the role of a support person challenging areas for employers to navigate. Watch this webcast to learn when to take formal versus informal approaches, best practice policy drafting considerations, and more. » more »
"Plethora" of procedural deficiencies made swearing dismissal unfair
An employer that sacked a worker for swearing at his colleagues has been ordered to reinstate him, with the Fair Work Commission finding a "plethora" of reasons made his dismissal unfair. » more »
Failing to act on employee's complaints caused psych injury
An employer that failed to investigate an employee's complaint about child p-rnography on a client's computer and refused to remove "fat photos" from a workplace collage has been ordered to compensate him for a psychological injury. » more »
Disciplinary letters to "annoying" worker amounted to bullying
The Fair Work Commission has made stop-bullying orders against an employer and three managers who sent "unreasonable" disciplinary letters to an employee and revoked her annual leave approval. » more »
Worker whose charges justified dismissal wins reinstatement
An employer's decision to sack a worker facing indecency charges was reasonable, but it was wrong not to consider alternatives such as redeployment or unpaid leave, the Fair Work Commission has found. » more »
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