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This is where we share articles and information to help youError riddled workplace investigation causes unfair sacking verdict
Even employers with over 1000 employees and a dedicated human resources team can get workplace investigations wrong.
Contravening its own workplace policy, relying explicitly on a third party’s investigation report and superficially attempting to ensure procedural fairness; this employer really should have known better.
However as we have seen countless times, regardless of an employer’s size, navigating workplace investigations without a sound process is fraught with difficulty.
Failed HR investigation sees fighting employees unfairly dismissed
Yet another bungled workplace investigation has demonstrated the importance of covering all the bases when it comes to investigating serious misconduct in the workplace.
Even where an employer has a clearly valid reason for an employee’s immediate dismissal, it cannot rely on the valid reason alone. Time and again procedural flaws have brought employers’ workplace investigations undone.
Despite acts of significant gravity committed by the employees concerned, this employer learned a tough lesson about the importance of procedural fairness in HR investigations.
Flawed and defective workplace investigation crashes before FWC
Two glaringly obvious flaws in its workplace investigation left this employer defenceless before the FWC.
The workplace investigation flaws subsequently left this employer $12,841.29 out of pocket.
Worse still, the flaws could have been easily avoided.
Read now to make sure you don’t make the same mistakes!
Dishonesty not a good ‘policy’ for sacked employee
Acting deceptively and dishonestly during a workplace investigation will irreparably damage the relationship of trust and confidence between employer and employee.
This is the latest message from the Fair Work Commission and employers should pay particular attention.
Luckily, with the right investigation tools employers should be able to bear the brunt of discontented employees who allege unfair dismissal.
Another unfair sacking of a ‘workplace bully’ by employer
We are only 12 weeks away from 1 January 2014 when new workplace bullying legislation comes into force. Do you know the difference between a workplace bully and someone who is just rude?
Despite behavioural defects that raised “serious issues” in the eyes of the Fair Work Commission, this decision contains yet another clear warning for employers who blindly accept complaints about workplace bullying.
Coupled with a flawed workplace investigation, this employer was unable to properly defend its employee’s dismissal.
5 reasons why you MUST know how to take good witness statements
Taking a witness’s statement is a fundamental step in a workplace investigation.
It cannot be avoided or shortcut.
An HR investigator has an obligation to make enquiries with all potential witnesses and obtain a comprehensive version of what they know. That version is taken in statement format.
Many HR investigators fall down when it comes to this most essential of skills. Make sure you are not one of them by attending our webinar.
We will share with you 5 reasons why you MUST know how to take good witness statements…
Employee ‘de-linked’ over social media misconduct on LinkedIn
Once again employee social media misconduct has been highlighted by the Fair Work Commission, this time involving LinkedIn.
An employee with his own personal design business that was doing “work on the side”, used LinkedIn to contact his employer’s current and recent clients.
Find out what happened and why controlling employee social media use is so important…
Employer slammed $364k for not investigating workplace bullying
In another “when will they ever learn” example, a Sunshine Coast employer has been hit with a 6 figure payout for the consequences of failing to investigate workplace bullying – burying your head in the sand is now a costly option.
After multiple failures from senior staff members and a general disregard for the basic tenets of a workplace investigation, this incredibly costly mistake contains some harsh realities for employers.
Miss this week’s lesson at your own peril.
Employer gets $4.5k lesson for blowing justifiable dismissal
While it might sound strange, simply having a valid reason for sacking an employee is not enough.
An employer has a number of obligations to fulfill before being able to dismiss an employee for serious misconduct.
If these obligations are fast-tracked, sidestepped or ignored completely, there will be serious ramifications for the employer and their desired disciplinary outcome. Find out how one employer got it wrong!
Unfair sacking verdict over investigation of difficult employee
Argumentative. Abrasive. Difficult. Uncivil. Insubordinate.
These are just some of the words used by the Fair Work Commission to describe this employee.
Why then did the Commission decide his dismissal was harsh, unjust or unreasonable?
Read on to find out what critical investigation pitfalls this employer encountered when confronted with a dismissive and uncooperative employee.