There is now a much greater onus on employers to take a trauma-informed approach to workplace investigations involving sensitive matters, an employment lawyer says.
It was unfair of an employer not to follow through with its promise to discuss dismissal alternatives with a vaccine-hesitant worker, the Fair Work Commission has ruled.
The risk that interview recordings from a misconduct investigation might end up on the internet has been deemed a "significant" consideration in weighing up an employee's access request.
The Fair Work Commission has backed a major employer's decision to "make a stand" against foul language at work, but has found its processes fell short when it disciplined a swearing employee.
An employee should have been given a "reality check" about his poor performance before he was dismissed, the Fair Work Commission has ruled in awarding him compensation.
An employer considered numerous complaints before finding a manager was "troublesome, dominating, difficult and possibly demanding", but its dismissal process was "egregious and flawed", the Fair Work Commission has ruled.
Workplace psychological injury risks are receiving more attention than ever before, and the onus is squarely on employers to respond. Watch this HR Daily webcast to understand how risks are evolving and what this means for your organisation.
A WHS specialist who refused to give her employer documents stored on her laptop because she was on sick leave was "otherwise capable of sending multiple emails", the Fair Work Commission has noted in upholding her dismissal.
Employers are facing increasing pressure to disclose workplace sexual harassment allegations and the outcomes of their investigations, but this requires a careful balancing act.
