Investigations & procedural fairness (655 items)

It was "hypercritical" of an HR practitioner to characterise an employee's allegations against his manager as "misleading", when the facts underpinning them were essentially true, the Fair Work Commission has found.

An employee attending a misconduct allegations meeting should never have to ask, "Is my job at risk?", according to a workplace lawyer.

An employee's decision to physically restrain a customer breached his employer's code of conduct and gave it a valid reason to dismiss him, but the Fair Work Commission has found his sacking was nonetheless harsh.

Disciplinary meetings are often difficult for everyone involved, and the mindsets participants bring to the room can significantly impact how the discussion unfolds. This Q&A will focus on the human side of conversations and how to achieve positive outcomes.

A commission has rejected that an employer's disciplinary process was reasonable, finding it took the "drastic" step of suspending a manager before adequately investigating the misconduct allegations against him.

Whether it's reasonable to contact an employee multiple times while they're on sick leave doesn't depend on whether the employer is aware they have a psychological condition, a tribunal has noted.

When presenting allegations to an employee, it's important not to treat the process as a box-ticking exercise. This Q&A discusses crucial factors to consider before a meeting.

The faults in an employer's disciplinary process were "not mere blemishes" but rather "substantial flaws that rendered the process unfair", the Fair Work Commission has found.

It's critical to avoid "loaded language" when drafting allegations to put to an employee, a workplace lawyer warns.

Poorly drafted workplace conduct allegations will undermine the fairness, validity and defensibility of any disciplinary action taken against an employee. This Q&A shares practical tips that minimise risk during this part of the process.