The FWC has unleashed a scathing attack on this employer’s HR department for leaving two inexperienced employees in charge of a workplace investigation that resulted in the summary dismissal of an abusive employee who had physical contact with a co-worker.
Despite having a valid reason for the fighting employee’s dismissal, a range of additional circumstances made the summary dismissal ultimately unfair.
The moral of this story is that an employer must not forget fair procedural requirements, even when a dismissal appears more than justified.
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.