The Fair Work Commission has slammed an employer's investigation and dismissal of an employee for leaking "confidential HR information", describing the process as a "very regrettable display of incompetence". » more »
Employers using any form of workplace surveillance must be mindful of the intersection between employment law, HR policy development, and workplace privacy and surveillance laws. » more »
Bullying investigations often uncover new allegations in the course of interviewing respondents, so employers must ensure they take steps to avoid "scope creep", an experienced investigator warns. » more »
A worker's claim that an HR advisor tried to coerce him not to challenge a workplace investigation's findings has been rejected in the Federal Court. » more »
Workplace bullying allegations can raise complex and sensitive issues, requiring an investigation approach distinct from other types of misconduct. » more »
Workplace misconduct and bullying investigations involve the same processes and principles, but the "strict liability" applying to the latter imposes additional, more onerous considerations, according to an investigations expert. » more »
The Fair Work Commission has criticised an employer's investigation and subsequent dismissal of a worker for misconduct, saying its HR manager should have ensured a proper process was followed in its show-cause meeting. » more »
A worker who was sacked for breaching his employer's zero-tolerance drug and alcohol policy has had his unfair dismissal claim rejected, despite his employer questioning the test results and admitting to procedural unfairness. » more »
In a case the Fair Work Commission found "disturbing on a number of levels", an employee whose supervisory practices constituted bullying and harassment has failed in her unfair dismissal claim. » more »
Court and Fair Work Commission rulings this year have changed the way your organisation should manage its employment law compliance and liability risks. Watch this webcast to understand how to manage its legal exposure. » more »
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.
The ways in which HR and other leaders can be held personally liable for workplace issues continue to evolve in light of recent legislation and court rulings. This webinar will unpack the key risks and how to mitigate them.
