A raft of new tribunal decisions are instructive for employers on how to manage bullying complaints and handle disciplinary action following employee misconduct.
Employers can't rely on any general principle to dismiss employees for reputational damage, so those without an explicit policy requiring workers to act consistently with their good reputation could be taking a significant risk, a lawyer warns.
The Fair Work Commission has rejected the findings of an HR manager's misconduct investigation after hearing she failed to interview key witnesses, including the accused employee.
Workplace surveillance can deter unwanted behaviours and provide strong evidence to back up employment decisions, but only if the practice is clearly set out in policy, an employment lawyer warns.
The Fair Work Commission has slammed an employer's investigation and dismissal of an employee for leaking "confidential HR information", describing the process as a "very regrettable display of incompetence".
Employers using any form of workplace surveillance must be mindful of the intersection between employment law, HR policy development, and workplace privacy and surveillance laws.
Bullying investigations often uncover new allegations in the course of interviewing respondents, so employers must ensure they take steps to avoid "scope creep", an experienced investigator warns.
Workplace misconduct and bullying investigations involve the same processes and principles, but the "strict liability" applying to the latter imposes additional, more onerous considerations, according to an investigations expert.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
