A court has upheld an employer's decision to keep a complainant's identity confidential in a misconduct investigation, saying the decision was in line with "carefully considered" workplace policies.
HR professionals who provide advice that isn't followed can find themselves in trouble in Fair Work Commission proceedings, according to employment lawyer Fay Calderone.
An employee who was fired for sending an anti-Muslim email at work has been awarded almost $29,000 in compensation, after the Fair Work Commission found his termination was harsh and unreasonable.
An HR manager who breached the confidentiality requirements of her own bullying complaint has lost her adverse action case in the Federal Circuit Court.
A case in which an HR manager was sacked for sharing her employer's policies and documents raises some questions about investigations and surveillance in the workplace, according to DLA Piper partner Brett Feltham.
Using lawyers to conduct workplace investigations enables employers to protect information under legal privilege, but only if the process is handled correctly, according to Kemp Strang senior associate Ben Urry.
An experienced HR professional has been criticised by the Fair Work Commission for "fundamental errors" in a workplace investigation that led to an employee's dismissal.
In some of the key cases handed down in the anti-bullying jurisdiction so far, the Fair Work Commission has provided useful guidance on what constitutes "repeated unreasonable behaviour", but also raised concerns about the scope of orders it can make.
Strong informal processes can prevent many bullying complaints from escalating into full-blown claims and legal action, but only if employers avoid common mistakes with them, says employment lawyer Jordan Tilse.
Interviewers can jeopardise the fairness of a workplace investigation just by giving in to a natural inclination to sound supportive during witness interviews, warns an expert.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
