Investigations & procedural fairness | Page 57 (637 items)

A worker was fairly sacked for breaking one of his employer's 'cardinal rules', despite procedural failings in its HR practices, the Fair Work Commission has ruled.

A recent finding that an employee was unfairly dismissed in spite of his offensive conduct at a work Christmas party should in fact give some comfort to employers, according to a legal expert.

Disciplinary proceedings for a worker who allegedly sent inappropriate emails from his work account will be put on hold after his union raised questions about the fairness of the investigation.

An employer that followed a clause in its enterprise agreement "in form rather than substance" when investigating alleged misconduct took an approach that could "only be described as procedurally unfair", the FWC has ruled.

An employee who was subjected to "such a vehement and vitriolic dressing down" from his manager that he became unfit for work has failed to convince the Federal Court that the incident, and his employer's failure to properly investigate it, constituted adverse action and breached his employment contract.

An employer's restrained approach to disciplining a worker was "commendable", the Fair Work Commission has ruled, while noting courts are more often "critical and sometimes scathing" of HR practices.

Complaints against company heads put HR professionals in the tricky position of investigating the person they usually receive instructions from, so "you need to be a bit careful about how you play it", warns a specialist lawyer.

Do you know which policies, procedures and contracts need reviewing, in light of recent legislative and case law developments? Watch this webcast to understand how the employment law landscape has changed in relation to bullying, adverse action, employment contracts, investigations and more.

A large employer that failed to fully engage its HR department in important investigations of safety breaches has been ordered to reinstate two employees.

An employer that failed to comply with its own harassment policy must pay damages to an employee, but according to an employment law specialist, the liability should have been a simple one to avoid.