Investigations & procedural fairness | Page 26 (611 items)

It was unfair to deny a long-serving employee the opportunity to respond to his potential dismissal, despite his incapacity to return to work, the Fair Work Commission has found.

Despite making no findings, the Fair Work Commission has said an employer should investigate the incident at the centre of an employee's application for stop-sexual-harassment orders.

An employer took a "narrow view" of the reasons why an employee resigned after she unwillingly appeared in a sexualised workplace safety poster, a Fair Work Commission full bench has found.

A sacked worker who was described by superiors as their "single most challenging employee" has won nearly $24k in compensation.

A "fundamentally unreasonable" misconduct investigation has revealed an employer's culture as "one where management protects itself by finding scapegoats to appease complaint or criticism", according to the Fair Work Commission.

It was unreasonable to revoke an employee's flexible work arrangements and then sack her because she took extended periods of leave, the Fair Work Commission has ruled in ordering her reinstatement.

A manager who produced an "offensive" and factually incorrect template letter when her employer enquired about her coronavirus vaccination status was unfairly sacked due to procedural deficiencies.

An employee has failed to prove he was unfairly sacked for his out-of-hours assault of a subordinate, with whom he was having an affair, after arguing it didn't impact his work performance.

An employer's s-xual harassment investigation focused on a complainant's "subjective reactions" and failed to fully consider the context of an incident, the Fair Work Commission has ruled in ordering reinstatement.

An employer's flawed approach to managing misbehaviour contributed to an employee's "defiant protestation and lack of cooperation", the Fair Work Commission has found in upholding his unfair dismissal claim.