Investigations & procedural fairness (225 items)


"Technically" following procedures not good enough

PREMIUM

An employer that followed a clause in its enterprise agreement "in form rather than substance" when investigating alleged misconduct took an approach that could "only be described as procedurally unfair", the FWC has ruled. » more »


Manager's aggressive tirade didn't breach worker's contract

PREMIUM

An employee who was subjected to "such a vehement and vitriolic dressing down" from his manager that he became unfit for work has failed to convince the Federal Court that the incident, and his employer's failure to properly investigate it, constituted adverse action and breached his employment contract. » more »



Exercise caution with bullying and harassment complaints about the boss

Complaints against company heads put HR professionals in the tricky position of investigating the person they usually receive instructions from, so "you need to be a bit careful about how you play it", warns a specialist lawyer. » more »


Webcast: HR compliance "hot spots"

PREMIUM

Do you know which policies, procedures and contracts need reviewing, in light of recent legislative and case law developments? Watch this webcast to understand how the employment law landscape has changed in relation to bullying, adverse action, employment contracts, investigations and more. » more »




"Undesirable" management doesn't equal bullying

PREMIUM

In a decision that contains useful guidance for HR professionals on when "undesirable" management behaviour is also "unreasonable", the Fair Work Commission has ruled that displaying intolerance or low-level anger towards a worker does not necessarily constitute bullying. » more »


Arriving at work drunk wasn't gross misconduct: Court

PREMIUM

Turning up to a conference still intoxicated from a work function the night before did not constitute gross misconduct by an executive, a court has ruled in awarding him nearly $300,000 in damages. » more »