Posts: disciplinary process

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disciplinary process

Commission finds employee’s conduct of upward bullying towards manager warranted disciplinary action

Up, up and away

Workplace bullying occurs when a person (or a group of people) repeatedly behaves unreasonably towards another worker (or group of workers) and that behaviour creates a risk to the worker’s (or group of workers’) health and safety.

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Commission critical of employer’s entirely email-based disciplinary process

Words flying high

Communication between the employer and employees is essential for a good working relationship. Poor communication in the disciplinary process may lead to a deficiency in the process which renders the dismissal unfair.

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Commission orders employer to pay compensation as a result of its procedurally unfair disciplinary process

Procedurally disastrous

When investigating allegations of misconduct against an employee in the workplace, employers must ensure that any ensuing disciplinary process is kept distinct from and separate to from the investigation.

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Fair Work Commission upholds dismissal of an employee who misused a company coffee account

Caffeine Hit

Financial misconduct committed by an employee can fundamentally damage the trust and confidence in an employment relationship. Unfortunately, financial misconduct is a common issue for Australian businesses and if it is not dealt with promptly and effectively, there is an opportunity for further misadventure.

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Employer ordered to pay maximum compensation following “entirely unjust” disciplinary process

Knives Out

The Fair Work Act 2009 (Cth) (FW Act) requires that employers comply with a number of procedural elements in a disciplinary process prior to making a decision about whether an employee’s conduct or behaviour warrants disciplinary action.

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FWC upholds dismissal of employee who stored marijuana equipment in the workplace

Taking the high ground

In deciding whether to take disciplinary action against an employee, it is important for employers to ensure that the employee is given a reasonable opportunity to provide a response or explanation before a final decision is made, particularly when it concerns matters that could result in summary dismissal.

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Employer’s disciplinary process didn’t force resignation

I'll go first

The commencement of a disciplinary process against an employee is not an insignificant matter. It serves to notify an employee that their employer has serious concerns about their employment; whether that is the standard of the employee’s performance, their conduct or their behaviour.

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