An employer was trying to protect staff from bullying and harassment when it sacked an employee, but its actions were ultimately a good example of how not to handle workplace complaints, the Fair Work Commission has found.
Procedural flaws have brought down an employer's unfair dismissal defence, with the Fair Work Commission finding they outweighed an employee's divisive, defiant, intimidating and bullying behaviour.
Declining an employee's repeated requests for information about a complaint against him constituted discrimination on the basis of his employment activity, a tribunal has ruled.
An employer that suspected an employee planned to misuse its confidential information failed to afford him procedural fairness and must compensate him for unfair dismissal.
An FWC full bench has overturned a finding that an employee was dishonest during a workplace investigation, but nonetheless concluded he was fairly dismissed for a "sexualised" tweet, storing p-rn on his work computer, and other misconduct.
Providing access to workplace investigation documents could result in staff not cooperating in future with "complete candour", a commissioner has accepted in upholding an employer's refusal.
Management action does not have to be "perfect" or industrially fair for it to be reasonable, a Commission has noted in finding a stressed employee was not entitled to compensation for a psychological injury.
It should have been obvious to an employer that an employee's swearing outburst was due to his poor wellbeing, caused by mishandled workplace complaints, the Fair Work Commission has ruled in overturning his dismissal.
A chief people officer's decision to sack an employee for assisting police in a murder investigation was "irrational, if not bizarre", a court has found.
The Fair Work Commission has recommended rather than ordered an employer to update its policies, procedures and training, after accepting a "menacing" letter to an employee was likely to be bullying.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
