An HR investigation into a workplace incident was "too narrow" and resulted in a flawed process, the Fair Work Commission has ruled in unfair dismissal proceedings.
No amount of turnover in an HR team could explain the "grossly excessive" time it took to act on a recommendation to terminate a suspended employee, the Fair Work Commission has criticised.
An employer isn't liable to compensate an employee who suffered a psychological injury after being informed of an "inappropriate behaviour" complaint against him, a tribunal has affirmed.
An employee's misconduct didn't involve "innocuous indiscretions", as he claimed, but rather a pattern of inappropriate and careless behaviour, the Fair Work Commission has ruled in unfair dismissal proceedings.
Failing to give an employee even a "brief opportunity" to provide evidence of her current and future fitness for work made her dismissal unfair, the Fair Work Commission has ruled.
An employer has to reinstate an employee sacked for misconduct, after the Fair Work Commission found its ultimate decision-maker effectively "rubber stamped the assessment of others".
It was unreasonable to keep an employee "in the dark" after concluding serious misconduct allegations weren't substantiated, a tribunal has found in psychological injury proceedings.
An employer has lost its appeal against reinstating an employee sacked for inappropriate conduct, after failing to convince a Fair Work Commission full bench that more regard should have been had to his impact on female colleagues.
Despite being counselled about her performance for almost a year and repeatedly failing to follow her manager's directions, an employee has successfully claimed her dismissal was unfair.
An HR consultant took necessary and appropriate steps to examine an employee's own conduct when determining whether her bullying and other allegations had a "proper foundation", the Federal Court has ruled.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
