HR should have "intervened and resolved" escalating dispute
The Fair Work Commission has criticised an HR team for failing "at numerous points" to intervene and resolve a rostering dispute before it escalated to an "intractable situation". » more »
Investigations & procedural fairness (214 items)
Misconduct sacking involved "unjustified" scrutiny
The Fair Work Commission has ordered an employer to reinstate a worker sacked for misconduct, finding it applied its processes inconsistently and subjected her to an "unjustified level of scrutiny". » more »
Employer's 'summary' of harassment complaint caused psych injury
A tribunal has sent a strong message about the way employers communicate allegations of s-xual harassment, in upholding compensation for a supervisor who was "shattered" by a complaint against him. » more »
Employee charged with criminal offences was unfairly dismissed
An employer acted unfairly when it sacked an employee on the basis of lost trust and confidence, because it failed to provide enough evidence for its reasons, the Fair Work Commission has found. » more »
Injured worker's position held for 'lengthy' period, dismissal fair
The Fair Work Commission has commended an employer's procedurally fair process in the lead-up to dismissing an employee who was injured outside of work and could no longer perform her job. » more »
Government appeal on personal leave; Dismissal fair despite flaw; and more
The Federal Government is appealing last month's ruling on personal leave entitlements, which if left unaddressed could cost employers up to $2 billion a year. Also in this article, a dismissal upheld despite its flaws; manager capabilities ranked by industry; and more. » more »
"Hooray!" email was "regrettable" but not fatal to sacking defence
An employee has failed to convince the Fair Work Commission that a manager's email celebrating his impending dismissal was evidence that an investigation into his conduct had been predetermined. » more »
Disclosing decision-makers is critical to procedural fairness
The Fair Work Commission has criticised an employer's opaque decision-making process, while upholding the dismissal of an employee for serious misconduct. » more »
Dismissal upheld despite 'exaggerated' allegations
The Fair Work Commission has upheld an employee's sacking for misconduct including aggression towards co-workers and misusing a company credit card, despite finding his employer exaggerated some of the allegations against him. » more »
Probation period terminations require procedural fairness
It's a common mistake for employers to think they can dismiss employees during their probation period without implementing a procedurally fair process, says a workplace lawyer. » more »
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