Procedural fairness crucial when dealing with charged workers
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. » more »
Investigations & procedural fairness (275 items)
Dismissal for "grossly disrespectful" conduct fair despite procedural flaws
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. » more »
Disciplinary meetings and procedural fairness
In this HR Daily Premium webinar, an employment lawyer will detail procedural fairness requirements, the role of a support person in disciplinary meetings, policy drafting considerations, and more. Premium members should click through to request a complimentary pass. Upgrade here for access if you're not already a Premium member. » more »
High Court to examine employers' duty of care during investigations
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. » more »
Unreasonable management action didn't amount to bullying
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". » more »
Annual leave refusal unreasonable, dismissal unfair
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. » more »
Heat-of-the-moment resignation was unfair dismissal
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. » more »
Meeting confusion made dismissal unfair
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. » more »
"Spiteful" dismissal costs employer $70k
An employer's dismissal of its most senior manager following employee complaints was "capricious, spiteful and prejudiced", the Fair Work Commission has ruled. » more »
HR accused of "total denial of procedural fairness"
An employer was wrong to sack a manager without warning after his team delivered a JK Rowling book a day early, the Fair Work Commission has found, awarding him $50k in compensation. » more »
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