Investigations & procedural fairness | Page 54 (592 items)

Employers that initially fail to deal with social media misuse in the workplace could be waiving their right to address that misconduct at a later date, warns an employment lawyer.

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.