1300 690 790
Smart workplace advice

HR investigation fail over employee’s info disclosure to media

A far cry from our recent ‘Bart Simpson’ “I didn’t do it” article, this employee admitted from the outset that the alleged misconduct had occurred.

The employee’s inappropriate attempt to force senior management’s hand over unresolved workplace issues was a valid reason for the employee’s dismissal.

However what should have been a textbook workplace investigation instead ended up in blunder and a successful unfair dismissal claim. Read on to find out why …

‘Bart Simpson defence’ in workplace investigation sinks swearing employee

This employee seemed to think that maintaining a ‘Bart Simpson defence’ would be his silver bullet against allegations of abusive and insulting language.

Coupled with a failure to cooperate or show remorse during the ensuing workplace investigation, the employee found himself in dire straits before the Fair Work Commission.

Find out what the Commission thought of this behaviour and why it warranted his dismissal …

Swearing and Abuse by Union Officials – Do you know how to handle it?

Faced with threats, racial abuse and other aggressive conduct from an employee or their representative how would you react?

Horror stories abound in the HR world of expletive-ridden tirades, shocking attitudes and confronting union behaviours often spoiling for a fight when conducting HR investigations.

It is up to competent HR investigators to be able to handle the many tactics used by opponents during a workplace investigation in order to keep their investigation on track.

Read on to see how the Fair Work Commission responded to one individual’s shocking behaviour in his role as a union official.

Rock solid workplace investigation catches out HR Manager’s ‘conniving’ conduct

In the words of the Fair Work Commission, the sacked HR Manager “should have known better”.

As a senior manager, in a position of trust, the employer’s HR Manager clearly engaged in serious misconduct and effectively repudiated her employment contract by instructing an employee to not provide visiting board members with requested information. Her request was viewed as akin to encouraging the employee to act in a dishonest and misleading way.

Thankfully for the employer, its workplace investigation was effective, rendering her dismissal as neither harsh, unjust or unreasonable.

Read on to learn how the employer got it right …

Resign or be sacked! Employer’s ultimatum costs $21k in unsatisfactory performance dismissal

Resign or be sacked

Understandably, an employee with no notification of the reason for their dismissal and no prior warnings will have strong grounds for a successful unfair dismissal hearing.

However while deciding to terminate a worker’s employment on the grounds of poor performance may sound simple enough, a surprising number of employers continue to get it wrong, with stressful and costly consequences.

Discover how one employer got it so wrong, and how you should avoid potentially business crippling payouts…

Workplace investigation proves to be employer’s saviour in dismissal case

Workplace Investigation is Employer's saviour

Imagine you are the director of a company investigating serious breaches of your company’s intellectual property rights. During your investigation you are accused of being “dishonest”, making notes that were “not truthful” and risking the “very survival” of your company.

Luckily this workplace investigator had the courage of his convictions and his workplace investigation was sufficient for the Commission to find in his favour and not overturn the summary dismissal of the miscreant employee.

Find out what the employer did right, and what it means for your next workplace investigation…

Pin It on Pinterest