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.
The Fair Work Commission has criticised an employer's investigation and subsequent dismissal of a worker for misconduct, saying its HR manager should have ensured a proper process was followed in its show-cause meeting.
A worker who was sacked for breaching his employer's zero-tolerance drug and alcohol policy has had his unfair dismissal claim rejected, despite his employer questioning the test results and admitting to procedural unfairness.
In a case the Fair Work Commission found "disturbing on a number of levels", an employee whose supervisory practices constituted bullying and harassment has failed in her unfair dismissal claim.
Court and Fair Work Commission rulings this year have changed the way your organisation should manage its employment law compliance and liability risks. Watch this webcast to understand how to manage its legal exposure.
An employer with a "broad" video surveillance policy did not have a valid reason for terminating a manager who used it to monitor staff performance, the Fair Work Commission has ruled.
The Fair Work Commission has praised an HR team's response to a "verbal assault" at a work-related function that ultimately resulted in an employee's dismissal.