An employee who insisted performance management and disciplinary processes were "weapons used against him" by hostile managers has lost his psychological injury claim.
An HR consultant's communication about a manager's potential redundancy or summary dismissal was "bizarre", the Fair Work Commission has found, in criticising his "astonishingly poor advice" to an employer.
In a case that provides an important "lesson" for dealing with workplace complaints, an employer has been criticised for failing to deal with allegations in a "timely and transparent manner".
The timing of a "flurry" of warning letters was proof that an employer had no real intention of allowing an employee to address his alleged shortcomings, the Fair Work Commission has found.
An employer's investigation and disciplinary process into an employee's alleged fraud did not breach her employment contract, nor its duty of care to her, a court has ruled in rejecting her psychological injury damages appeal.
An employer was entitled to dismiss a manager for performance and conduct issues, but its failure to give him time to improve and its "near total lack of procedural fairness" made its decision unfair.
An investigation into alleged misconduct was "sub-standard" but did not amount to repudiation of an employee's contract, the Fair Work Commission has found in a constructive dismissal dispute.
A senior executive who muttered "offensive" words during an out-of-hours incident has won claims for adverse action and breach of contract, with the Federal Circuit Court chastising his employer for its incorrect allegations and "misleading" investigation.
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.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
