Giving an employee one day to respond to a show-cause letter after accusing him of assaulting a colleague was unreasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
Opponents of trauma-informed investigations sometimes argue this approach weakens the process, but in fact the opposite is the case, according to a workplace culture specialist.
Assuming an injured employee was "fully aware" her employment was at risk resulted in a procedurally unfair dismissal process, the Fair Work Commission has ruled.
If an employer had implemented the recommendations from its bullying investigation, it could have prevented further workplace issues between two employees, the Fair Work Commission has ruled.
Summarily sacking an employee after he significantly over-reported work linked to bonus payments was fair, despite a flawed dismissal process, the Fair Work Commission has ruled.
An employee who was "hypersensitive" to workplace gossip and criticism has won compensation for a psychological injury, after a commission found a procedurally unfair misconduct investigation was its predominant cause.
A "clunky, hybrid form of performance management" that aimed to "go easy" on a long-serving employee has backfired, with a commission overturning an employer's disciplinary decision.
Failing to properly notify an employee about the outcome of his misconduct investigation was "highly irregular and troubling", but the employer's deficiencies didn't force him to resign, the Fair Work Commission has found.
The informal approach an employer took to addressing an employee's "myriad" behavioural issues ultimately made his summary dismissal harsh, but the Fair Work Commission has nonetheless denied him any compensation.
