Probation period terminations require procedural fairness
It's a common mistake for employers to think they can dismiss employees during their probation period without implementing a procedurally fair process, says a workplace lawyer. » more »
Investigations & procedural fairness (275 items)
"Frustrated" employer opted for redundancy over performance management
The Fair Work Commission has awarded an employee $20k for unfair dismissal after his employer failed to prove he was sacked for operational reasons rather than poor performance. » more »
Webcast: Procedural fairness update
Courts and commissions are more closely scrutinising not just the validity of employers' termination decisions, but also the fairness of their procedures. This webinar will discuss typical mistakes, their ramifications, and how to avoid them. » more »
Sacking unfair despite sharing "confidential" files
An employer had a valid reason to dismiss an employee, but failing to refer to it in his termination letter rendered its actions unfair, the Fair Work Commission has found. » more »
Commissioner's "strong views" not consistent with procedural fairness
An employer has convinced a Fair Work Commission full bench that a Commissioner who "expressed strong views" on an employee's unfair dismissal claim had not afforded it procedural fairness before deciding in her favour. » more »
Dismissal upheld as long-standing employee "expected to know better"
The Fair Work Commission has upheld the dismissal of a senior employee for a serious safety breach, finding he should have known better given his 34 years of service. » more »
Text message sackings "grossly unfair"
Two recent rulings send a clear message to employers that it is inappropriate to dismiss employees via text message. » more »
"Hesitant" reinstatement for employee despite repeat breaches
A Commissioner has expressed hesitation in reinstating an employee who breached the same rule three times in 12 months, but deemed it the "only" appropriate remedy in the circumstances. » more »
Pre-prepared termination letters don't look 'fair'
Taking a pre-prepared termination letter into a disciplinary meeting is a "classic example" of how employers trip up on procedural fairness when dismissing employees, says a workplace lawyer. » more »
Pre-determined dismissal for serious misconduct was unfair
An employee who was dismissed for serious misconduct was not afforded procedural fairness partly because her employer failed to take into account her "quiet and timid" personality, the Fair Work Commission has ruled. » more »
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