Employers that have permitted a culture of inappropriate emails and other poor behaviour can't simply pick and choose when they will discipline workers for misconduct, a Fair Work Commissioner has ruled.
An employer was right to sack a worker for making racist comments on a public two-way radio, despite the fact he had worked at the company for more than three decades and was under personal duress at the time, the Fair Work Commission has found.
A worker who initially refrained from reporting s-xual harassment, due to an executive's insensitive remarks, has been awarded nearly half a million dollars in damages from a contractor.
Performance reviews and disciplinary processes that can withstand outside scrutiny will become even more critical when the Fair Work anti-bullying regime comes into force next year, according to DLA Piper partner Murray Procter.
Two employees who were sacked after they punched a supervisor in the head were unfairly dismissed, the Fair Work Commission has found, in a case that illustrates the dangers of "unsophisticated" HR management.
Smartphone technology has made it relatively easy for employees to secretly record disciplinary or performance conversations, says Ashurst Australia partner Marie-Claire Foley, who warns that unlawfully obtained evidence can be admissible in court.
Employers shouldn't assume that every employee who claims to have been hurt, embarrassed, or humiliated has been bullied, the Fair Work Commission has warned, after finding a worker was unfairly sacked over allegations made by a "sensitive" colleague.
A tribunal has upheld an employer's decision to sack a worker who admitted - then denied - that he sent a s-xually suggestive email from a colleague's account.
An employee sacked for using foul language during an altercation with his supervisor will receive compensation, after the Fair Work Commission found an HR manager misrepresented a "crucial issue" when documenting the incident.
Interviews are an integral part of any workplace investigation, and play a vital role in ensuring a fair and just outcome after bullying, misconduct or unsafe work. Watch this webcast to develop your skills and help your organisation make the best decisions after workplace incidents.
In this presentation expert investigator Harriet Stacey, from WISE Workplace, explains:
the PEACE framework for structuring workplace interviews;
how to interview the respondent of a workplace allegation;
how to apply procedural fairness principles during interviews;
privacy, confidentiality, anonymity and related considerations;
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
