A recent FWC appeal decision has shed light on the obligations of employers during workplace investigations, particularly when it comes to support persons.
The employer concerned was faced with a raft of accusations by a sacked employee that it had denied her procedural fairness by the manner in which the workplace investigation was carried out.
For now at least, the FWC decision puts to rest arguments about the extent of an employer’s obligation where a support person is requested.
In what is sure to be an employer’s worst nightmare, the Federal Court recently awarded a sum of more than $500,000 in damages to an employee who had suffered years of workplace bullying, harassment and underpayment.
Employers continue to fall foul of the FWC for failing to conduct proper workplace investigations.
Here, multiple issues from beginning to end led to an employee of 35 years successfully challenging his dismissal and receiving the maximum compensation payable.
Once again, this employer’s rookie mistakes were preventable. Could you have avoided them?