A recent unfair dismissal finding against an HR and recruitment consultancy highlights the need for proper process even in seemingly clear-cut cases of misconduct.
In a webinar on 17 September, learn how to conduct a procedurally fair investigation, and make decisions that will stand up to scrutiny. Premium members should click through to request a pass, while free subscribers can upgrade their membership level here for access.
A new Fair Work ruling casts doubt on the ability of employers to ensure the confidentiality of information employees provide during a workplace investigation, should the matter proceed to a hearing.
A worker was fairly sacked for breaking one of his employer's 'cardinal rules', despite procedural failings in its HR practices, the Fair Work Commission has ruled.
A recent finding that an employee was unfairly dismissed in spite of his offensive conduct at a work Christmas party should in fact give some comfort to employers, according to a legal expert.
Disciplinary proceedings for a worker who allegedly sent inappropriate emails from his work account will be put on hold after his union raised questions about the fairness of the investigation.
An employer that followed a clause in its enterprise agreement "in form rather than substance" when investigating alleged misconduct took an approach that could "only be described as procedurally unfair", the FWC has ruled.
An employee who was subjected to "such a vehement and vitriolic dressing down" from his manager that he became unfit for work has failed to convince the Federal Court that the incident, and his employer's failure to properly investigate it, constituted adverse action and breached his employment contract.
An employer's restrained approach to disciplining a worker was "commendable", the Fair Work Commission has ruled, while noting courts are more often "critical and sometimes scathing" of HR practices.
Complaints against company heads put HR professionals in the tricky position of investigating the person they usually receive instructions from, so "you need to be a bit careful about how you play it", warns a specialist lawyer.
The laws around engaging casual and contract workers have changed drastically this year. Understand how this affects your organisation by attending this HR Daily webinar.
