The integrity of an employer's misconduct investigation has been criticised, with the Fair Work Commission finding it substantiated allegations against an employee before he had a proper opportunity to respond.
An employer was entitled to dismiss a worker for her "belligerent and disrespectful behaviour", but it denied her procedural fairness when one person acted as "judge, jury and executioner" during the disciplinary process, the Fair Work Commission has ruled.
An employer unfairly sacked an employee when it made her role redundant without discussing the decision with her first, the Fair Work Commission has ruled, noting consultation requirements "should never be taken for granted".
A manager has claimed his "quirky sense of humour and disabilities" were mitigating factors for his inappropriate behaviour towards female staff, but a commission says his employer was entitled to find it was misconduct.
HR investigation and procedural fairness shortcomings have featured heavily in recent Fair Work Commission rulings. Check out recent HR Daily Premium coverage of this critical area.
An employer that sacked a worker for "flagrant and continuing" dishonesty has been ordered to pay him $33k in compensation, after it failed to address his behaviour while he was employed.
An employer's failure to warn a worker that his repeated swearing and verbal abuse put his job at risk rendered his sacking unfair, the Fair Work Commission has found in awarding him $33k in compensation.
An employee who was "locked out" of her workplace before discovering she'd been sacked for fraud and policy breaches has won compensation for unfair dismissal.
An employer must pay an employee nearly $40k in compensation for unfair dismissal, after the Fair Work Commission found it sacked him via email and then invited him to "re-apply" for his role.
An employer's frustration with an employee's poor attitude and performance was understandable, but its procedural deficiencies made her dismissal unfair, the Fair Work Commission has ruled.
