Employers are botching procedural fairness requirements when it comes to providing employees an opportunity to respond to allegations before they're dismissed, legal experts say.
The Fair Work Commission has upheld the dismissal of one worker who punched a supervisor in a drunken brawl at a social event but reinstated his colleague accused of the same conduct, finding the employer's investigation process lacked fairness.
An employee accused of misconduct has successfully argued he was unfairly sacked, with the Fair Work Commission accepting his summary dismissal was the result of a "misunderstanding", and marred by procedural failings.
An employer discriminated against an employee in a sexual harassment investigation, by treating her less favourably than the co-worker accused of the conduct, a tribunal has ruled.
The Fair Work Commission has criticised an HR manager for "erroneously elevating" allegations against a manager in a sacking that was "entirely disproportionate" to his performance.
Workplace investigations in Australia intersect with legislation that's often "complex, fragmented and unsettled", causing confusion about employers' obligations and rights, according to an expert who is calling for reform.
A BHP employee who was sacked after conducting an airport prank and posing in uniform for an inappropriate photo will receive compensation, after her employer failed to follow its own disciplinary process.
The Fair Work Commission has criticised an HR team for failing "at numerous points" to intervene and resolve a rostering dispute before it escalated to an "intractable situation".
The Fair Work Commission has ordered an employer to reinstate a worker sacked for misconduct, finding it applied its processes inconsistently and subjected her to an "unjustified level of scrutiny".
A tribunal has sent a strong message about the way employers communicate allegations of s-xual harassment, in upholding compensation for a supervisor who was "shattered" by a complaint against him.
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