After allegedly rushing a CEO's sacking to deny him the opportunity to claim unfair dismissal, an employer has been ordered to reinstate him until his adverse action claim can be determined.
Rushing a sexual harassment investigation to meet a business deadline denied an employee procedural fairness, a Fair Work Commissioner has found, while accepting that his behaviour was "totally unacceptable" and the end result would have been the same.
Best-practice workplace investigations are now conducted with far more sensitivity, but it's crucial not to lose sight of what's required from a legal perspective, an employment lawyer says.
Workplace investigations continue to challenge employers in new ways, requiring sensitivity within the legal framework of natural justice and procedural fairness. Watch this webcast to ensure your organisation's practices are up to date.
An employer was entitled to transfer a "socially inept" employee to a different workplace 350km away after finding he bullied a female colleague, the Fair Work Commission has ruled.
A Fair Work Commissioner's tolerance for a sacked employee "evaporated" when she failed to meet relevant case deadlines, and he said her lack of attention to detail supported her employer's many dismissal reasons.
A Fair Work Commission full bench has overturned a finding that an "exemplary" employee's 12-month first and final warning for a serious safety incident was an appropriate disciplinary outcome.
When complying with a third-party directive to exclude a worker from a site, commercial considerations don't outweigh the need for a procedurally fair process, a new unfair dismissal claim "demonstrates very clearly".
A general manager's communication with a CEO didn't reflect "respect, subordination and trust", but it wasn't misconduct that justified his dismissal, the Fair Work Commission has found.
It was "excessive" and unfair to take six months to investigate workplace misbehaviour allegations, a commission has found in upholding an employee's psychological injury claim.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
