Investigations & procedural fairness | Page 14 (571 items)

An employer has failed to prove it fairly sacked an employee for exposing a female colleague to explicit images, despite the Fair Work Commission accepting there was a "culture of inappropriate activity" among workers.

It was up to an employee, not his employer, to prove he acted in self-defence during a "violent" out-of-hours altercation, a Fair Work Commission full bench has ruled in overturning an unfair dismissal ruling.

An employee who misrepresented when she finished work on 17 occasions in a six-week period engaged in "time fraud" and was fairly sacked, the Fair Work Commission has ruled.

An employer criticised for failing to undertake "even the most basic level of investigative analysis" has been ordered to reinstate an employee it sacked for misconduct.

It was "incumbent" on an employer to investigate allegations an employee had been spreading rumours at work, but its process was "most inappropriate", and caused a psychological injury, a commission has ruled.

An employee who was not given a reasonable opportunity to defend himself against "very serious" misconduct allegations has won maximum compensation for unfair dismissal.

Two managers treated an employee in a "high handed, hostile way", manifesting in an unfair disciplinary process, the Federal Court has found in upholding her adverse action claim.

An HR manager has been criticised for giving "poor" advice that an employee should be sacked for breaching an "inherent requirement" of his position description.

An employer that sacked three employees for misconduct, without investigating whether their actions were an accepted practice as they claimed, has been ordered to reinstate them with continuity of service and backpay.

A rise in employees "weaponising" bullying allegations for strategic reasons now requires a more measured response from HR, according to an employment lawyer.