FWC upholds HR investigation of ‘workplace clown’

by Acumen Lawyers | 16 April 2014 | News Centre, Other Misconduct, Workplace Investigations

This employer’s investigation of a workplace ‘clown’ was no laughing matter.

Despite what some may consider to be a ‘harmless joke’ the employee’s mimicking of a co-worker’s accent was something more sinister.

Luckily a watertight workplace investigation process ensured its sacking of the employee withstood the scrutiny of the FWC.

Investigating the workplace jokester who denies any wrongdoing can be daunting.

Find out how this employer got it right.

Failed drug test employee also fails over dishonesty

by Acumen Lawyers | 26 February 2014 | News Centre, Other Misconduct, Workplace Investigations

For an employee of 4+ years, dishonesty during a workplace investigation into a positive drug test left him petitioning the FWC for his job back.

The ensuing unfair dismissal claim put the employer’s workplace investigation practices under the microscope before the FWC.

This is yet another case highlighting how employee dishonesty will impact the trust and confidence necessary in the employment relationship.

“Significant gaps and errors” undoes workplace investigation sacking

by Acumen Lawyers | 12 November 2013 | News Centre, Other Misconduct, Workplace Investigations

An employee accused of ‘blatant and deliberate’ disregard of a cardinal safety rule has been reinstated to his original position by the Fair Work Commission.

Numerous mitigating factors and reasons from the ensuing HR investigation meant that this employee’s sacking was unfair.

To the employer’s downfall, many of these factors were avoidable.

Read on to ensure your next workplace investigation avoids the disastrous consequences of this one…

Flawed and defective workplace investigation crashes before FWC

by Acumen Lawyers | 22 October 2013 | News Centre, Other Misconduct, Workplace Investigations

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!