Employer slammed for "illogical, intemperate" dismissal
The Fair Work Commission has chastised a large employer for dismissing an employee over the phone while she was on sick leave, likening its action to "tossing out a dirty rag". » more »
Investigations & procedural fairness (275 items)
HR procedures "unprofessional, discourteous and unfair"
An employer that made generalised accusations against an employee, despite having video footage of her alleged misconduct, practised a "form of entrapment", the Fair Work Commission has found in ordering her reinstatement. » more »
Misconduct dismissal was 'at worst end of procedural fairness scale'
The Fair Work Commission has condemned an employer for its "gross denial of natural justice" after it summarily dismissed an employee whose ex-wife claimed he was stealing from the company. » more »
Post-investigation culture research; Hiring intentions steady; and more
The period immediately after a workplace misconduct investigation tends to be a missed opportunity to improve organisational and team culture, investigation specialists say. Meanwhile, HR professionals are optimistic about hiring in Q3, employers and managers have been fined for sham contracting breaches, and more. » more »
Previous bullying allegations 'irrelevant' to employee's claim; Soft skills gap growing; and more
The Fair Work Commission has refused an employee access to an investigation report that he says would support his stop-bullying application. Also in this article, news on the soft skills gap, disability and LGBTI inclusion, and why unfair dismissal claims are rising. » more »
Employer criticised for HR's "callous" approach to dismissal
The Fair Work Commission has slammed an employer's "callous" dismissal of a mentally ill employee, while noting its "unfortunate" approach occurs frequently in successful unfair dismissal cases. » more »
Employer right to deny access to workplace investigation documents
An employer was entitled to deny an employee access to workplace investigation witness statements and other documents to protect the integrity of its complaints process, a commissioner has found. » more »
Employer's refusal to budge over "closed" investigation led to unfair dismissal
An employer that ignored medical advice that could have helped a disgruntled employee return to work unfairly dismissed him, the Fair Work Commission has found. » more »
Stop-bullying claim bars employer from ongoing investigation
The Fair Work Commission has ordered an employer to halt a workplace investigation and refrain from taking any disciplinary action against an employee until it determines her stop-bullying application. » more »
Mitigate fallout from cross-complaints
Employers can take one of two paths when determining how to handle cross-complaints that arise during workplace bullying investigations, a specialist says. » more »
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HR hot spots 2021
HR has never been so challenged, important and busy, with no signs of slowing down as we head into 2021. Will you be ready?
