Posts: investigation

E-updates, blog articles, events, press articles and success stories about

investigation

FWC rejects Applicants’ claim to access investigation documents

Privileged

The Fair Work Commission (FWC) has a broad power under section 590 of the Fair Work Act 2009 (Cth) (FW Act) to “inform itself in relation to any manner before it in such manner as it considers appropriate”. Under this general power, the FWC may inform itself by requiring the production of documents or records to the FWC (such as all documents or records relating to a dismissal process).

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Fair Work Commission orders the reinstatement of an employee who was unfairly dismissed following a second investigation into the same incident

Pedal to the metal

In unfair dismissal matters, reinstatement is the primary remedy and the Fair Work Commission (FWC) may not make an order for compensation unless it is satisfied that reinstatement is inappropriate.

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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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Fair Work Commission critical of investigation process despite the employer’s valid reason for dismissal

Less is more

Employers often see the disciplinary process as an opportunity to raise every single indiscretion by an employee – even though the issues occurred in the past or are minor in nature when compared to other misconduct. However, this approach can weaken the employer’s position, rather than strengthen the decision to dismiss.

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Workplace Relations Review

Cases and Legislation November 2020

The Federal Circuit Court of Australia has rejected an employee’s claim that she was discriminated against because of her pregnancy and potential pregnancy.

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FWC finds attempted character assassination and confidentiality breach valid reasons for dismissal

Vendetta, vendetta!

Managing conflicting personalities can be one of the most challenging aspects of being a manager. Particularly when low level disagreements escalate to formal complaints, investigations, attempts at character assassination and breaches of confidentiality.

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