Investigations & procedural fairness | Page 2 (592 items)

An unfair dismissal claim won by an employee suspected of misusing his personal leave entitlement highlights that employers should avoid making hasty conclusions about misconduct, a lawyer says.

Watch this HR Daily Premium webcast for an overview of the unfair dismissal jurisdiction and what can be learned from the past year's claims.

It was unfair to ask a P&C team member to show cause as to why she shouldn't be sacked for poor performance, when she hadn't been notified of any concerns in the months after passing a PIP, the Fair Work Commission has ruled.

An employer that was ordered to compensate a worker it sacked for refusing a breath test has failed to convince a Fair Work Commission full bench that it was treated unfairly as a self-represented party.

Secretly working in a second job and being dishonest after it was discovered constituted serious misconduct, the Fair Work Commission has found in upholding an employee's summary dismissal.

It was "difficult to understand" how an employee's private sexual conversations with someone outside of work became a work-related matter, a commission has commented in upholding his appeal.

A manager's withdrawal from a "fair and reasonable" performance management process left her employer with no choice but to sack her, or it risked others disregarding its directions in the future, the Fair Work Commission has ruled.

A "mountain of evidence" from colleagues about an employee's behaviour at work has undermined his appeal against misconduct findings.

The Fair Work Commission has rejected that an employee was unfairly dismissed for physically assaulting a coworker, despite flaws in the termination process and the overall harshness of the decision.

Relying on complaints from seven years ago was "misconceived", the Fair Work Commission has ruled, in finding a worker accused of sexual misconduct should be reinstated.