Workplace Investigation Guides & Articles

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Train driver who left his co-driver behind at a toilet break reinstated by Commission: the need for thorough workplace investigations

When an employer is faced with allegations of employee misconduct, it is crucial that the complaint is investigated thoroughly. Initiating a workplace investigation ensures that any decision made is fair…

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Preparing for and Conducting Workplace Investigations: what you need to know

The purpose of a Workplace Investigation A workplace investigation is a process to collect and review information in relation to a complaint of inappropriate behaviour (such as harassment, discrimination &…

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Sacked Employee Wins Compensation Based on Flimsy CCTV Evidence: the Importance of Thorough Workplace Investigations

The Fair Work Commission (FWC) recently ruled in favour of a sacked truck driver and ordered his employer to pay him more than $25,000 in compensation for a dismissal which…

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Ignoring allegations of inappropriate behaviour leads to costly litigation

When an employer is faced with allegations of inappropriate employee behaviour, it is important that the complaint is investigated thoroughly. Initiating an investigation in response to a complaint can accelerate…

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Informal mediation is not enough when addressing bullying allegations

A recent Fair Work Commission hearing vindicated two real estate employees who claimed they were threatened with violence, abused, belittled and humiliated at work.   The employees had taken their…

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Employer loses dismissal case due to misinterpretation of Fair Work regulations

A recent decision by the Fair Work Commission ruled that an employer, who had otherwise “acted quite benevolently” in accommodating the needs of a worker suffering from poor health, had…

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Six steps for a successful workplace investigation

The spectre of an unfair dismissal case can haunt an organisation that does not handle dismissal carefully. This is one of many reasons that any workplace investigation conducted prior to…

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Flawed investigation leads to compensation for employee sacked for inappropriate IP use

A senior HR consultant, who was sacked by her employer upon suspicions that she had copied confidential business information, has received compensation by order of the Fair Work Commission.  …

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Court awards increased damages in sexual harassment case but rules investigation conducted properly

A landmark anti-discrimination ruling that set a new standard in sexual harassment payouts has also shown that damage to employers can be limited by a well-conducted workplace investigation.   The…

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Explicit phone porn: procedural investigation errors foil dismissal of sales manager

A company had a valid reason for sacking its sales manager, including the post-employment discovery of pornographic images on his mobile phone, but “substantial” procedural deficiencies made the dismissal unfair,…

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Unfair dismissal of brawling hardware worker overruled because of “Year 11” style workplace investigation

The Fair Work Commission has found a major hardware chain employee was unfairly dismissed after a brawl with a co-worker following a bungled workplace investigation. In the Fair Work Commission’s…

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“The IP? It’s with me!” Workplace investigation does not stand up to court scrutiny during commercial confidentiality case

The Federal Court has refused to compel three employees to hand over documents to their former employer to help it decide whether to sue them for breaching contract and corporations…