When determining how to respond to news of an employee's criminal charges, employers must always bear in mind the presumption of innocence, a workplace lawyer says.
An employer's failure to follow its own policy didn't automatically "doom" the outcome of its investigation, the Fair Work Commission has ruled, upholding the dismissal of a "loose cannon" who showed no willingness to change.
The extent of employers' duty of care to employees during workplace investigations is set to be examined by the High Court, after a worker who unsuccessfully sued for damages following an "insensitive" investigation was granted special leave to appeal the ruling.
The Fair Work Commission has found an employer took unreasonable management action against an employee, but has dismissed his stop-bullying application because the incidents weren't "repeated".
An employer's delay in refusing an employee's annual leave request, and its subsequent decision to dismiss her, amounted to "serious mismanagement", the Fair Work Commission has ruled.
Failing to offer an employee a support person for a disciplinary meeting contributed to his "heat of the moment" resignation and ultimately made the termination of his employment unfair, the Fair Work Commission has ruled.
An employer that sacked a worker for not being a "good fit" for her role has been ordered to compensate her for unfair dismissal, after the Fair Work Commission found its process was procedurally unfair.
Recent redundancy decisions that have been overturned involve a redeployment sabotage, abandoned performance management, inadequate consultation, and more.
