An employer has successfully defended an unfair dismissal claim despite its "woeful" harassment investigation, with the Fair Work Commission finding its procedural flaws were outweighed by the gravity of the employee's conduct.
It was unreasonable to recharacterise an incident after an investigation found an employee's conduct wasn't malicious or intentional, the Fair Work Commission has found in unfair dismissal proceedings.
A workplace investigation that conflated performance and conduct issues, and had the same investigator and decision-maker, resulted in an employee feeling that she had no real choice but to resign, the Fair Work Commission has accepted.
An HR investigation into a workplace incident was "too narrow" and resulted in a flawed process, the Fair Work Commission has ruled in unfair dismissal proceedings.
No amount of turnover in an HR team could explain the "grossly excessive" time it took to act on a recommendation to terminate a suspended employee, the Fair Work Commission has criticised.
An employer isn't liable to compensate an employee who suffered a psychological injury after being informed of an "inappropriate behaviour" complaint against him, a tribunal has affirmed.
An employee's misconduct didn't involve "innocuous indiscretions", as he claimed, but rather a pattern of inappropriate and careless behaviour, the Fair Work Commission has ruled in unfair dismissal proceedings.
Failing to give an employee even a "brief opportunity" to provide evidence of her current and future fitness for work made her dismissal unfair, the Fair Work Commission has ruled.
An employer has to reinstate an employee sacked for misconduct, after the Fair Work Commission found its ultimate decision-maker effectively "rubber stamped the assessment of others".
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.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.
