A disgruntled, sacked employee received more than he bargained for when he took his dismissal to the Fair Work Commission.
The employee’s claims of harassment, intimidation and bullying at the hands of his employer failed to impress the FWC, especially when the tribunal heard details of the employee’s insubordinate and abusive conduct towards management.
Read on to find out what the employee did and what the FWC said about it – including the employee’s use of the c-word.
A recent unfair dismissal decision of the FWC has yet again highlighted the importance of following a proper procedure when conducting a HR investigation into employee misconduct.
Despite serious improper behaviour being committed by the employee in question, the HR Manager’s manner of conducting the investigation didn’t fare well before the FWC.
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.
The Department of Defence found its workplace investigation of an IT worker and subsequent dismissal under fire from the Fair Work Commission.
Despite relatively serious allegations of excessive personal internet use in the workplace, when the employer’s HR investigation was put under the FWC’s microscope a number of fundamental flaws were exposed.
An important lesson for any employer who wants to be able to stop employees whiling away their work hours surfing the internet.
Imagine conducting a workplace investigation thought to be watertight.
You’ve sacked two fighting employees.
But then you’re forced to give one his job back!
This employer was faced with that exact nightmare situation.
This recent dismissal decision from the FWC shows how an HR investigation into serious workplace misbehaviour can quickly go from bullet-proof to disastrous because of simple employer errors.
A recent injunction has backfired on an employee who wished to be reinstated to his position.
Less than two months after gaining reinstatement, thinly veiled threats and explicit intimidation of co-workers left the Court with no option but to revoke the order.
The employer was also put under the spotlight – for failing to take timely and genuine attempts to prevent workplace harassment from occurring.
This cautionary tale highlights the risks of not investigating workplace bullying, or at least, failing to investigate properly.
