Investigations & procedural fairness | Page 7 (610 items)

A supervisor was unfairly sacked for bullying and timekeeping fraud, the Fair Work Commission has ruled, finding his employer denied him an opportunity to defend himself.

An employer had a valid reason to dismiss an employee who breached its code of conduct, and its decision was fair regardless of whether she'd been specifically trained in the circumstances that led to her actions, the Fair Work Commission has found.

After shoving a woman out of a lift on his way to work because he thought she was "rude", an employee has failed to convince the Fair Work Commission he was unfairly sacked.

"Anomalies" in an employer's management of performance and conduct issues meant the process lacked clarity and resulted in a dismissal that was valid, but harsh, the Fair Work Commission has found.

In ordering an employee's reinstatement, the Fair Work Commission has criticised an employer's "unshakeable view" of a workplace altercation and found he acted in self-defence.

After abandoning its own disciplinary policy and prematurely deciding an employee was guilty of misconduct, an employer couldn't argue its "reasonable action" was the predominant cause of her psychological injury.

Giving an employee one day to respond to a show-cause letter after accusing him of assaulting a colleague was unreasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.

Suspending an employee without pay after he was charged with sexual assault wasn't fair and reasonable, a commission has ruled.

Opponents of trauma-informed investigations sometimes argue this approach weakens the process, but in fact the opposite is the case, according to a workplace culture specialist.

Assuming an injured employee was "fully aware" her employment was at risk resulted in a procedurally unfair dismissal process, the Fair Work Commission has ruled.