An employer has failed to prove that documents from a s-xual harassment investigation were primarily created to obtain legal advice and shouldn't be made available to a dismissed employee.
An employer that allowed a worker to secretly check her manager's computer for p-rnography has been ordered to pay him $25k in compensation for unfair dismissal.
An employee who made Islamaphobic, crude and s-xist comments at work has had his unfair dismissal claim upheld, after the Fair Work Commission found the context rendered his misconduct less serious.
Three workers who spent time congregating and socialising when they should have been working were unfairly dismissed, a commission has found in laying some of the blame with management.
A raft of new tribunal decisions are instructive for employers on how to manage bullying complaints and handle disciplinary action following employee misconduct.
The Fair Work Commission has rejected the findings of an HR manager's misconduct investigation after hearing she failed to interview key witnesses, including the accused employee.
An unfair dismissal decision highlights that in some circumstances it will be fair for an employer to sack a worker for serious out-of-hours misconduct that has no connection to work, an employment lawyer says.
Workplace misconduct and bullying investigations involve the same processes and principles, but the "strict liability" applying to the latter imposes additional, more onerous considerations, according to an investigations expert.
An employer must pay a worker $110k in damages, after an appeal court found the terms of his contract required more than an "opinion" of wrongdoing to justify his dismissal.
