Investigations & procedural fairness (571 items)

An HR business partner "selectively" used information from a covert recording to bolster serious misconduct allegations against an employee, the Fair Work Commission has found in unfair dismissal proceedings.

An employer's deficient policies and procedures for managing s-xual harassment risks indicated a "complete disregard" for its employees, a court has ruled in issuing a $40k fine.

When a senior leader at the ABC sacked an employee who expressed a political view on social media, he disregarded warnings that it "would be worth looping in P&C" to ensure the employer's established disciplinary process was followed, the Federal Court has noted in ordering pecuniary penalties.

A senior HR business partner, whose unfair dismissal claim was undermined by his "patently false", "unsubstantiated" and at times "misogynistic" claims, has been denied leave to appeal by a full bench of the Fair Work Commission.

An employee had no choice but to resign after she complained about s-xual harassment and then wasn't properly informed of the investigation's outcome, the Fair Work Commission has ruled.

A large employer's dismissal process was "fundamentally flawed" and its inadequacy "surprising" given its size and dedicated HR function, the Fair Work Commission has found.

Accusing an employee of misconduct and issuing her a warning, in circumstances which at their highest pointed to an inadvertent breach, was not reasonable administrative action, a tribunal has found.

After responding to multiple performance and conduct concerns with only warnings and counselling, an employer has failed to convince the Fair Work Commission that it had a valid reason to opt for termination.

Despite managing a somewhat "difficult" worker with empathy, an employer unfairly failed to ensure he understood its concerns about his behaviour before sacking him, the Fair Work Commission has ruled.

Despite receiving HR advice about how to handle a redundancy meeting, an employer gave a long-serving manager no prior notice of its decision and no opportunity to bring a support person, among other factors found to be unreasonable.