Investigations & procedural fairness | Page 13 (611 items)

An employee who was "simply not reliable" has won his unfair dismissal claim after the Fair Work Commission found his "unacceptable" conduct didn't outweigh his employer's procedural failings.

An employer wanted to keep an employee away from the workplace due to concerns for her own and others' welfare, and not because it had a "vendetta" against her for reporting health and safety incidents, the Federal Court has ruled.

An employee who admitted to sexually harassing a junior colleague has failed to overturn his dismissal, despite a commission finding his employer's four-year delay in taking disciplinary action was unreasonable.

An employer dismissed a manager for regularly leaving work early, without giving him an opportunity to explain his absences, the Fair Work Commission has found.

An employer's response to complaints about a "close personal relationship" between employees was "far too informal", but it didn't amount to a constructive dismissal, the Fair Work Commission has ruled.

An employer made "very little attempt" to substantiate serious allegations against an employee, who had "perfectly plausible" reasons for her conduct, the Fair Work Commission has ruled.

A colleague's resignation threat was the "main driver" of an employee's dismissal, the Fair Work Commission has found in awarding him maximum compensation.

An employer's decision to retrench an HR consultant was an "egregious example of the unfair exercise of managerial prerogative", the Fair Work Commission has found, while criticising its HR leaders for their "disrespect".

An employer that raised performance concerns with an employee on multiple occasions has failed to defend its decision to sack him, with the Fair Work Commission finding the issues weren't "overly serious".

An employee who insisted performance management and disciplinary processes were "weapons used against him" by hostile managers has lost his psychological injury claim.