Investigations & procedural fairness | Page 16 (571 items)

A self-proclaimed "touchy-feely" worker has failed to prove an investigation into her alleged inappropriate workplace behaviour was "fatally" damaged by irrelevant evidence.

An absent employee who repeatedly failed to respond to her employer's return-to-work requests has won her unfair dismissal claim, after the Fair Work Commission found she had not "abandoned her employment".

An ER manager and four other employees accused of sexually harassing and/or discriminating against a doctor have avoided being joined into his claim against his employer.

An HR manager's decision not to notify a "threatening" employee of all the reasons why he was being sacked resulted in an unfair dismissal, the Fair Work Commission has ruled.

An employer has failed to prove it took reasonable disciplinary action against an employee facing sexual harassment allegations, and that it wasn't liable for his resulting psychological injury.

An employer's failure to investigate alleged misconduct at a client site "heavily contributed" to an employee's unfair dismissal, the Fair Work Commission has found.

An employee's "understandable" response to s-xual harassment allegations against him wasn't "outside the boundaries of normal mental function", a tribunal has ruled in rejecting his workers' compensation claim.

Employers that erase employees' devices following terminations could be robbing themselves of valuable evidence in the event of an unfair dismissal claim, a lawyer says.

Employers appear to be taking considerable risks in the way they manage discipline and dismissals, with a lawyer warning that shortcuts often lead to more complexity and litigation, not less.

An employer has failed to block a sacked worker's reinstatement on the basis that his "proven track record of unacceptable workplace behaviour" made the employment relationship untenable.