Browsing: Investigations & procedural fairness (477 items)

An employer was entitled to dismiss a manager for performance and conduct issues, but its failure to give him time to improve and its "near total lack of procedural fairness" made its decision unfair.

An investigation into alleged misconduct was "sub-standard" but did not amount to repudiation of an employee's contract, the Fair Work Commission has found in a constructive dismissal dispute.

A senior executive who muttered "offensive" words during an out-of-hours incident has won claims for adverse action and breach of contract, with the Federal Circuit Court chastising his employer for its incorrect allegations and "misleading" investigation.

The integrity of an employer's misconduct investigation has been criticised, with the Fair Work Commission finding it substantiated allegations against an employee before he had a proper opportunity to respond.

An employer was entitled to dismiss a worker for her "belligerent and disrespectful behaviour", but it denied her procedural fairness when one person acted as "judge, jury and executioner" during the disciplinary process, the Fair Work Commission has ruled.

An employer unfairly sacked an employee when it made her role redundant without discussing the decision with her first, the Fair Work Commission has ruled, noting consultation requirements "should never be taken for granted".

A manager has claimed his "quirky sense of humour and disabilities" were mitigating factors for his inappropriate behaviour towards female staff, but a commission says his employer was entitled to find it was misconduct.

HR investigation and procedural fairness shortcomings have featured heavily in recent Fair Work Commission rulings. Check out recent HR Daily Premium coverage of this critical area.

An employer that sacked a worker for "flagrant and continuing" dishonesty has been ordered to pay him $33k in compensation, after it failed to address his behaviour while he was employed.

An employer's failure to warn a worker that his repeated swearing and verbal abuse put his job at risk rendered his sacking unfair, the Fair Work Commission has found in awarding him $33k in compensation.