HR's biased investigation nixes 'reasonable administrative action' defence
A senior HR manager's bullying investigation and recommendations were "tainted" with unreasonableness, a tribunal has found. » more »
Investigations & procedural fairness (235 items)
Disciplinary process 'fair, thorough', adverse action claim fails
An employee was sacked because his poor performance exposed his employer to an "unacceptable level of risk", the Federal Circuit Court has ruled in rejecting his adverse action claim. » more »
Performance sackings and procedural fairness during COVID-19
Dismissing employees for poor performance can be challenging at the best of times, but in the current environment, where employees have less to lose by making a claim, it's even more of a minefield. » more »
Procedural fairness in the spotlight when disciplinary action recommences
Many employers have hit pause on disciplinary processes in light of disruptions caused by COVID-19, and procedural fairness will be critical as these recommence, says a workplace lawyer. » more »
"Sleazy" and "plainly unwelcome" behaviour warranted dismissal
A Qantas engineer was rightly sacked for "plainly unwelcome" and "sleazy" behaviour, despite errors in the allegations against him, the Fair Work Commission has ruled. » more »
Remote investigations heighten procedural fairness concerns
With many workplace investigations now conducted remotely, ensuring procedural fairness has become even more critical, a specialist says. » more »
Continued controversy over employer's 'Fair Play Guidelines'
A decision that a BHP worker who played a prank at an airport was unfairly dismissed has been quashed, after an appeal bench found criticism of the employer's "Fair Play Guidelines" was misconceived and irrelevant. » more »
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 »
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 »
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