A manager who was disciplined and demoted following a misconduct investigation was effectively sacked, the Fair Work Commission has found in clearing him to claim unfair dismissal.
Expectations of workplace investigations have changed dramatically in the past year, as the management of sexual harassment issues is under far greater scrutiny. Watch this webcast to ensure your investigations are as thorough and defensible as possible.
The Fair Work Commission has criticised the long and unexplained delay between an employee's disciplinary meeting and her sacking, but found her conduct still justified dismissal.
The Fair Work Commission has declined to issue orders preventing an employee's dismissal until his stop-bullying application is determined, finding this would likely circumvent his employer's reasonable disciplinary action.
It was reasonable for an employer to remove an employee accused of "very serious" s-xual harassment allegations, but its miscommunication about the matter aggravated his psych injury, a tribunal has ruled.
The Fair Work Commission has lambasted a large employer for constructively dismissing a manager, finding its arrogant senior leaders rendered the HR function "largely impotent".
An employer has defended sacking a worker for making inappropriate comments and refusing to follow a "fundamental direction", even though its process was flawed.
An employer's decision not to investigate bullying allegations or interview witnesses because the incidents occurred a long time ago made no sense, a commission has ruled.
An employer should have ended a disciplinary process after giving an employee a written warning, instead of escalating the matter in a bid to end the employment relationship, the Fair Work Commission has ruled.
