Investigations & procedural fairness | Page 13 (637 items)

Simply "going through the motions" after making a dismissal decision doesn't provide procedural fairness, the Fair Work Commission has reminded an employer, finding it unfairly sacked a manager who abused and intimidated others.

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An employee who breached the confidentiality of his own show-cause process while he was "overcome with emotion" has lost his appeal against proposed disciplinary action.

An employee who argued he was trying to keep customers "happy" when he caused $150k damage to his employer's property has failed to convince the Fair Work Commission he was unfairly dismissed.

There's a "relatively high threshold" that employers need to meet when taking disciplinary action against an employee for out-of-hours misconduct, a workplace lawyer says.

An employee sacked for serious misconduct had no basis to argue a Fair Work Commissioner made inaccurate findings about her or denied her procedural fairness, a full bench has ruled.

It might have been unreasonable to make further demands of an employee who had already complied with his employer's absence notification system, but this didn't amount to bullying, the Fair Work Commission has ruled.

The "sheer number" of bullying and discrimination allegations against an employee should not have persuaded her employer they were true, the Fair Work Commission has found.

An employer has acknowledged its failure to use internal HR support before making an employee's role redundant, which resulted in an order to pay $20k for unfair dismissal.

The seriousness of an employee's misconduct outweighed the personal and professional harshness of his dismissal, the Fair Work Commission has ruled, finding it was fair to sack him for hitting a minor with a tennis racquet.