Investigations & procedural fairness (610 items)

Unexplained delays and unclear disciplinary findings have undermined an employer's "reasonable action" defence to a psychological injury claim.

An employer displayed a "distinct lack of understanding" about its legal obligations regarding workplace s-xual harassment allegations, and breached a clause in its enterprise agreement, the Fair Work Commission has found.

Court and tribunal rulings provide a stark reminder that it's easy to misstep during disciplinary matters. This Q&A series will take an in-depth look at individual stages of disciplinary processes, exploring employers' options and their associated risks.

Despite damaging her employer's reputation with clients, an employee would have had "reasonable prospects" of improving her performance if she'd been given the chance to do so, the Fair Work Commission has found in upholding her unfair dismissal claim.

An employee was sacked for using a derogatory term he'd never heard of, based on the evidence of a coworker with a "dead-set agenda" against him, the Fair Work Commission has found.

It was highly unlikely an employee would have been sacked if her employer had afforded her "basic procedural fairness", the Fair Work Commission has ruled, in awarding her maximum compensation for unfair dismissal.

A Fair Work Commission member was wrong to find an employee didn't breach the 'professional boundaries' provisions in a code of conduct because his behaviour wasn't s-xual, a full bench has ruled.

An employee has won compensation for unfair dismissal, after the Fair Work Commission found he was warned about failing to provide notice of his absences, but not more broadly about his attendance issues.

An employer has been cleared to investigate an employee's out-of-hours conduct, after the Fair Work Commission accepted it held genuine concerns about suffering reputational harm.

It was "extraordinarily insensitive" to tell an employee to be "inclusive of all opinions", including racist ones, the Fair Work Commission has found in unfair dismissal proceedings.