Investigations & procedural fairness (602 items)

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.

A corruption investigation has found an HR advisor took "reprisal action" against employees who complained about bullying and other workplace issues.

An employee whose general protections claim was struck out as an abuse of process has won leave to appeal, after the Federal Circuit Court accepted his contentions of bias had sufficient prospects of success.

A "most unsatisfactory" approach to substantiating misconduct allegations has resulted in unfair dismissal compensation for an employee, whose aggressive behaviour caused a P&C manager to take stress leave.

It wasn't reasonable for an employer to rely on a manager's "eyewitness" account of a workplace assault, given he then "took absolutely no action, and continued on with the working day", a commissioner has ruled.

It was unreasonable to summarily dismiss an employee for stealing food from her workplace, without unequivocal evidence that she didn't intend to pay for the items she ate, the Fair Work Commission has ruled.

Ongoing punctuality and performance issues gave an employer valid reasons to dismiss an employee, but its process was flawed because she had to respond to them "on the spot", the Fair Work Commission has found.

It was "extremely harsh" to dismiss a senior manager who was taking leave due to a psychological injury, after being falsely accused of financial mismanagement, the Fair Work Commission has ruled.

An employee who responded "what are you gonna do sack me", after being told not to text and drive, has won compensation for unfair dismissal in the Fair Work Commission.