Investigations & procedural fairness | Page 2 (655 items)

It was unfair to dismiss an injured employee "out of the blue", despite her two-year absence and inability to work, the Fair Work Commission has ruled.

An investigation's failure to consider eyewitness evidence of a workplace altercation denied an employee procedural fairness, a Fair Work Commission full bench has affirmed, dismissing the employer's appeal against his reinstatement.

If a workplace issue or complaint is incorrectly characterised at an early stage, it's "very difficult to erase that error", a lawyer says.

An employer conducted a "woefully inadequate" investigation into an employee's complaints, then unfairly sacked her after deciding it couldn't provide her with a safe workplace, the Fair Work Commission has found.

When a concern is raised that will potentially result in disciplinary action, HR's early decisions can have a big impact on the success and defensibility of the ensuing process. Watch this Q&A to understand how to triage issues based on initial fact-finding before taking action.

Sacking an employee at a meeting that he'd been told would discuss "performance concerns" didn't constitute a fair process, the Fair Work Commission has ruled.

A broken-down romantic relationship between two workers didn't undermine the credibility of complaints made by one against the other, a commission has found.

Subjecting an employee to a four-year disciplinary process, and expecting him to respond to allegations dating back to 2015, wasn't unfair or unreasonable, a commission has ruled.

It was unfair to sack an employee who sent "extremely insulting" messages, which inadvertently ended up being viewed by his employer, the Fair Work Commission has found.

The Federal Court has rejected a senior HR business partner's latest challenge regarding his serious misconduct dismissal, after two Fair Work Commission decisions upheld it as fair.