Disciplinary meeting 'ambushed' employee
The five-minute disciplinary meeting that preceded an employee's summary dismissal was a chance to show cause "in name only", and more akin to an "ambush", the Fair Work Commission has found. » more »
Investigations & procedural fairness (228 items)
Employer criticised for fabricated resignation and "contemptuous" attitude
An employee has convinced the Fair Work Commission an HR manager fabricated her dismissal after she took sick leave. » more »
Claims of homophobic persecution were 'blatant dishonesty'
An employee's unfair dismissal appeal has been rejected, with the Fair Work Commission accepting that his dishonesty and refusal to comply with reasonable directions warranted termination. » more »
Seeking medical information about absent employees
Managing ill and injured employees can become incredibly complex, so it's important for employers to remember they have a clear right to seek medical information to help them in the process, according to a workplace lawyer. » more »
Disciplinary meeting was "private" under surveillance laws: FWC
The Fair Work Commission has rejected an employee's unfair dismissal claim, after refusing to accept his secret recording of a disciplinary meeting as evidence. » more »
Evident misconduct outweighs procedural deficiencies: FWC
An employer that sacked an employee for taking excessive breaks and sleeping on the job could have done more to substantiate its allegations, but still had sufficient evidence to justify dismissal, the Fair Work Commission has ruled. » more »
Repeated work refusals justified dismissal, but not "ruthless" haste
An employee who refused to follow instructions and clung to an outdated promise about his work duties was nonetheless sacked with "deeply" troubling speed and willingness, the Fair Work Commission has found. » more »
Employees lack opportunity to respond before dismissal
Employers are botching procedural fairness requirements when it comes to providing employees an opportunity to respond to allegations before they're dismissed, legal experts say. » more »
Employee reinstated despite "completely inappropriate" party behaviour
The Fair Work Commission has upheld the dismissal of one worker who punched a supervisor in a drunken brawl at a social event but reinstated his colleague accused of the same conduct, finding the employer's investigation process lacked fairness. » more »
"Misunderstanding" led to unfair summary dismissal
An employee accused of misconduct has successfully argued he was unfairly sacked, with the Fair Work Commission accepting his summary dismissal was the result of a "misunderstanding", and marred by procedural failings. » more »
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