Investigations & procedural fairness | Page 2 (637 items)

A managing director was "clearly involved" in the decision to sack an employee, with whom he was embroiled in a "bitter separation dispute", the Fair Work Commission has found in unfair dismissal proceedings.

It was fair to sack an employee for neglecting his duties, despite his concerns about not seeing the footage the employer relied on, the Fair Work Commission has found.

It was "heavy handed" to frame an employee's error as a conduct rather than performance issue, the Fair Work Commission has ruled.

An employer has successfully defended an unfair dismissal claim despite its "woeful" harassment investigation, with the Fair Work Commission finding its procedural flaws were outweighed by the gravity of the employee's conduct.

It was unreasonable to recharacterise an incident after an investigation found an employee's conduct wasn't malicious or intentional, the Fair Work Commission has found in unfair dismissal proceedings.

A workplace investigation that conflated performance and conduct issues, and had the same investigator and decision-maker, resulted in an employee feeling that she had no real choice but to resign, the Fair Work Commission has accepted.

An HR investigation into a workplace incident was "too narrow" and resulted in a flawed process, the Fair Work Commission has ruled in unfair dismissal proceedings.

No amount of turnover in an HR team could explain the "grossly excessive" time it took to act on a recommendation to terminate a suspended employee, the Fair Work Commission has criticised.

An employer isn't liable to compensate an employee who suffered a psychological injury after being informed of an "inappropriate behaviour" complaint against him, a tribunal has affirmed.

An employee's misconduct didn't involve "innocuous indiscretions", as he claimed, but rather a pattern of inappropriate and careless behaviour, the Fair Work Commission has ruled in unfair dismissal proceedings.