Employers don't have to warn employees not to act dishonestly, nor provide them with detailed allegations prior to a disciplinary meeting, the Fair Work Commission has reconfirmed in rejecting a worker's unfair dismissal claim.
The way misconduct allegations are put to an employee can have a significant impact on a workplace investigation, and is an area where employers often come unstuck, according to a lawyer.
An employee sacked for misconduct has won an appeal against his dismissal due to flaws in the investigation, which included "inexplicable and unconscionable delay".
One misstep in workplace investigations can undermine a decision and expose employers to claims, and remote work arrangements have added an extra layer of complexity. In this webcast, a lawyer discusses procedural fairness essentials, case law lessons, special considerations during COVID-19, and much more.
An employee accused of spreading rumours about her boss has successfully argued she was constructively dismissed following a "humiliating" investigation process.
An HR manager's dismissal process was "riddled with flaws", the Fair Work Commission has ruled in upholding a claim despite a valid reason for termination.
The Fair Work Commission has rejected an unfair dismissal claim from an employee who alleged he faced a hostile working environment after being investigated for s-xual harassment.
Workplace investigations play a critical role in disciplinary and termination processes, where one misstep can undermine a decision and expose the employer to claims. This webinar will outline investigation pitfalls and best practices. Premium members should click through to request a complimentary pass.
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.