A fabricated text message was pivotal in a recent unfair dismissal case in the Fair Work Commission (FWC). The case, which went to appeal, provided a number of learnings for investigators and employers.
Digital evidence from a wide variety of online sources is commonplace in workplace investigations.
Misconduct vs safety investigations in the workplace: Navigating the tensions Read More »
In a recent case, the Fair Work Commission (FWC) found an employee was unfairly dismissed due to procedural flaws resulting in there being no valid reason. The flaws included that
Case review | Taking multiple allegations at face value costs employer Read More »
Frost v Ambulance Victoria [2025] FWCFB 94 KEY TAKEAWAY A Full Bench of the Fair Work Commission (FWC) has held that a finding of bullying in a workplace investigation will not automatically amount to serious misconduct for disciplinary purposes. It will be a question of degree. The case A paramedic challenged a disciplinary sanction transferring
Case review | Bullying not always ‘serious misconduct’ Read More »
Y v Hai Di Lao Melbourne Proprietary Limited [2024] FWC 3313 KEY TAKEAWAYS: A recent unfair dismissal case in the Fair Work Commission (FWC): is a reminder for investigators that not every instance of inappropriate conduct in the workplace will rise to the level of misconduct reinforces the importance of having clear complaints handling and
E v Vision Australia Ltd [2024] HCA 50 KEY TAKEAWAYS: The landmark High Court case on contractual damages centred on an employee suing his employer for damages for a psychiatric injury he sustained after his employment was unfairly terminated for misconduct. The Court relevantly held that: employees can potentially recover significant damages for psychiatric injuries
KEY TAKEAWAYS: The fundamentals of an effective workplace investigation are the same for sports clubs, associations and representative bodies as they are for any employer. This nine-point plan reviews investigation fundamentals through a sporting lens: clear protocols – the investigation and disciplinary process should be independent of each other, undertaken by different roles within a
Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369 The Lehrmann judgment provides a rare masterclass in how to apply the civil standard of proof to allegations involving potential criminal conduct. KEY TAKEAWAYS: Assessing credit in cases of sexual assault requires careful consideration of trauma and its well-established impacts on memory. Witness evidence is
Case review: Seven lessons from Lehrmann v Network Ten Read More »
KEY TAKEAWAYS Sports-related workplace investigations: Understand how misconduct matters are handled between related national, state and local sporting organisations Implement confidential reporting mechanisms and fair complaint handling processes to ensure individuals feel safe reporting concerns when they arise Undertake ongoing education and training programs to empower individuals to recognise, report and investigate misconduct effectively Prioritise
PART 3 | Beyond the scoreboard: Considerations for sporting boards and committees Read More »
KEY TAKEAWAYS Understand the differences between laws governing public and private sector whistleblower disclosures limited exceptions permit disclosure of a whistleblower’s identity, such as when a complainant consents, or under certain Public Interest Disclosure (PID) laws for procedural fairness reasons Achieving the dual priorities of procedural fairness and protecting a whistleblower’s identity during a workplace
Case note: Protecting a whistleblower’s identity is paramount, except when …. Read More »
