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 »
Investigations & procedural fairness (227 items)
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An employee who refused to follow instructions and clung to an outdated promise about his work duties was nonetheless sacked with "deeply" troubling speed and willingness, the Fair Work Commission has found.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 »
Employer discriminated against s-xually harassed worker
An employer discriminated against an employee in a sexual harassment investigation, by treating her less favourably than the co-worker accused of the conduct, a tribunal has ruled. » more »
Free newsletter
Sign up now for your complimentary HR Daily newsletter subscription and gain access to all of our free editorial, as well as special offers and event invitations.
Webinar registration
HR hot spots 2020
The employment and industrial relations space continues to be a hive of activity, with further legal reforms and important court rulings imminent. This webinar will discuss the most crucial developing issues.
