Investigations & procedural fairness | Page 41 (602 items)

An employer had a valid reason to dismiss an employee, but failing to refer to it in his termination letter rendered its actions unfair, the Fair Work Commission has found.

An employer has convinced a Fair Work Commission full bench that a Commissioner who "expressed strong views" on an employee's unfair dismissal claim had not afforded it procedural fairness before deciding in her favour.

The Fair Work Commission has upheld the dismissal of a senior employee for a serious safety breach, finding he should have known better given his 34 years of service.

Two recent rulings send a clear message to employers that it is inappropriate to dismiss employees via text message.

A Commissioner has expressed hesitation in reinstating an employee who breached the same rule three times in 12 months, but deemed it the "only" appropriate remedy in the circumstances.

An employee who was dismissed for serious misconduct was not afforded procedural fairness partly because her employer failed to take into account her "quiet and timid" personality, the Fair Work Commission has ruled.

Courts and commissions are more closely scrutinising not just the validity of employers' termination decisions, but also the fairness of their procedures. This webinar will discuss typical mistakes, their ramifications, and how to avoid them.



Premium members should click through to request a complimentary pass, while free subscribers can upgrade their membership level here for access or register as a casual attendee.

The Fair Work Commission has put an employer on notice following an "unbalanced" process that saw one employee sacked as a result of an argument, while the other wasn't even rebuked.

The Fair Work Commission has found that a "brutal" dismissal fell short of being harsh, because the employee had "clear and fair opportunities" to respond to the allegations against him.