Remote work is no excuse for neglecting procedural fairness
Remote work has added some complexity to managing employees' misconduct, but recent cases show this will not provide any excuse for employers' procedural fairness failings. » more »
Bullying, harassment & misconduct (723 items)
Unfair dismissal highlights "danger" of not verifying misconduct allegations
An employee was unfairly dismissed despite threatening to kill his manager, the Fair Work Commission has ruled, in a case it says demonstrates the "danger" of not seeking an employee's version of events. » more »
Webcast: Managing remote and on-site misconduct
Managing misconduct is always difficult, but remote work and pandemic factors have heightened employers' challenges in this space. This webcast provides an up-to-date review of misconduct case law and outlines on-site and online risks, appropriate disciplinary responses, and much more. » more »
Employer's response to high-level tension lacked requisite structure
A large employer failed to approach "high-level tension" with the appropriate level of structure for a conflict that went beyond reasonable management action, a commission has ruled. » more »
Investigations 'throw a grenade' into workplace conflicts
Investigations are often the first port of call in managing workplace conflict, but their effect is "like throwing a grenade" into a team, a specialist warns. » more »
"Unreasonable cocktail of expectations" made dismissal unfair
It was unfair to dismiss an employee who vented her frustrations about COVID-related work changes on social media and whose performance was "occasionally deficient", the Fair Work Commission has found. » more »
Dismissal process upheld as fair amid intertwined misconduct investigations
An employer's process, in sacking an employee who had made misconduct complaints about a colleague, has been upheld as fair and reasonable. » more »
Absent worker's bullying application gets green light; PwC defends discrimination claim
An employer has failed to block a stop-bullying claim it argues is "speculative" due to the worker's ongoing absence. Meanwhile, an "ideal" candidate who wasn't hired has lost his discrimination claim. » more »
"Side hustle" worthy of sacking, but process wasn't fair
An employer was understandably alarmed at discovering an employee conducting a self-described "side hustle", but it acted "too hastily" in dismissing him, the Fair Work Commission has ruled. » more »
Sexually suggestive poster was harassment, discrimination
An employer and a workplace health advisor have failed on appeal to prove that displaying a poster of a female employee did not constitute sexual harassment because it was intended as a safety reminder. » more »
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Minimising workplace psych risks
This HR Daily webinar will discuss employers' legal obligations around mental health issues; tips for managing performance, disciplinary and investigation processes where mental illness might be involved; special considerations in light of COVID-19; and much more.
