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.
The Fair Work Commission has criticised an employer's investigation and subsequent dismissal of a worker for misconduct, saying its HR manager should have ensured a proper process was followed in its show-cause meeting.
In a webinar on 12 May, learn when it is appropriate to investigate bullying allegations, and how to avoid conflicts of interest. Premium members should click through to request a complimentary pass, while free subscribers can upgrade their membership level here for access or register as a casual attendee.
In a case the Fair Work Commission found "disturbing on a number of levels", an employee whose supervisory practices constituted bullying and harassment has failed in her unfair dismissal claim.
The Fair Work Commission has ordered an employer to compensate a manager it dismissed for jokingly asking a colleague to punch another worker in the face.
An employer with a "broad" video surveillance policy did not have a valid reason for terminating a manager who used it to monitor staff performance, the Fair Work Commission has ruled.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
