Investigations & procedural fairness | Page 8 (571 items)

A Fair Work Commission full bench has overturned a finding that an "exemplary" employee's 12-month first and final warning for a serious safety incident was an appropriate disciplinary outcome.

When complying with a third-party directive to exclude a worker from a site, commercial considerations don't outweigh the need for a procedurally fair process, a new unfair dismissal claim "demonstrates very clearly".

A general manager's communication with a CEO didn't reflect "respect, subordination and trust", but it wasn't misconduct that justified his dismissal, the Fair Work Commission has found.

It was "excessive" and unfair to take six months to investigate workplace misbehaviour allegations, a commission has found in upholding an employee's psychological injury claim.

An employer has been ordered to pay a sacked worker $28k in compensation, after it backed out of an agreement to provide him with support to achieve his performance targets.

Defects in a disciplinary process "were not minor or insignificant" as an employer claimed, a commission has ruled in finding it liable for a manager's psychological injury.

It was unfair to move a longstanding senior leader into a non-managerial role, despite complaints he had denied one employee procedural fairness and made inappropriate comments to another, a commission has ruled.

The "deafening silence" that often follows an investigation can make it seem like speaking up didn't achieve anything, so it's important to remind employees that not seeing action doesn't mean none was taken, a workplace conflict specialist says.

An employer's "repetitive verbal feedback" was not enough to warn an "insensitive" employee her job was at risk, the Fair Work Commission has ruled in awarding her compensation for unfair dismissal.

Some of the awkwardness and discomfort that follow an interpersonal complaint at work is inevitable, but taking certain steps helps alleviate tensions, a conflict specialist says.