Remote work has added some complexity to managing employees' misconduct, but recent cases show this will not provide any excuse for employers' procedural fairness failings.
An employee was unfairly dismissed despite threatening to kill his manager, the Fair Work Commission has ruled, in a case it says demonstrates the "danger" of not seeking an employee's version of events.
Managing misconduct is always difficult, but remote work and pandemic factors have heightened employers' challenges in this space. This webcast provides an up-to-date review of misconduct case law and outlines on-site and online risks, appropriate disciplinary responses, and much more.
Investigations are often the first port of call in managing workplace conflict, but their effect is "like throwing a grenade" into a team, a specialist warns.
An employer was understandably alarmed at discovering an employee conducting a self-described "side hustle", but it acted "too hastily" in dismissing him, the Fair Work Commission has ruled.
An employer failed to conduct an open and transparent investigation into an employee's alleged misconduct, but this didn't warrant upholding her dismissal claim, the Fair Work Commission has ruled.
An employer acted with "undue haste" in fast tracking two warnings about a manager's misconduct, when it would have been "relatively easy" to obtain her response to its allegations before sacking her.
An "argumentative and difficult" employee with a history of misconduct was unfairly sacked partly because his employer advised him of its decision via email, the Fair Work Commission has ruled.
Honesty and cooperation following workplace misconduct isn't "noteworthy" behaviour that mitigates its seriousness, the Fair Work Commission has ruled in rejecting an unfair dismissal claim.
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.
