A recent decision of the NSW Civil and Administrative Tribunal raises interesting questions about how much reliance should be placed on the evidence of a witness who uses AI to prepare documents setting out their evidence.
Case review | Can the use of AI negatively impact credibility? Read More »
Applications for orders to stop bullying by Banfield and Stolz [2026] FWC 717. This Fair Work Commission case confirms that confrontational or condescending communication will not always constitute workplace bullying within the meaning of the Fair Work Act 2009 (Cth).
Souza-Connell v Virgin Australia Airlines Pty Ltd [2026] FWC 1572. In this decision, Virgin Australia was required under its enterprise agreement to hand over witness interview records and statements relied on to formulate misconduct allegations – a timely reminder about investigation clause drafting.
Case review | What documents must an employer disclose during a workplace investigation? Read More »
Secretary, NSW Department of Education v SafeWork NSW (No 2). This NSW Industrial Relations Commission decision shows that safety regulators are enforcing duties on employers to keep employees safe from psychological harm during workplace investigations, with improvement notices issued to address psychosocial risks.
Paladino v The University of Melbourne [2026] FWC 559. This Fair Work Commission decision is a reminder that a thorough investigation cannot rescue a disciplinary process built on a weak evidentiary foundation, that fails to put all allegations to the employee, or that substitutes for performance management conversations.
Loquias v The Star Entertainment Group and Dwyer [2026] QIRC 023. This Queensland Industrial Relations Commission decision highlights that criminal convictions relevant to workplace conduct can be given substantial weight, and that employers can investigate conduct outside the workplace as part of risk management.
Case review | Learnings from a recent QIRC sexual harassment decision Read More »
Haslam v SAE Institute Pty Limited [2025] FWC 3827. This decision highlights the importance of investigators maintaining independence and resisting pressure to change findings without reasonable justification, and the need for clear separation between the roles of investigator and decision-maker.
Wilson v Services Australia [2025] FWC 3328. The Fair Work Commission found that continued engagement with an unwell employee about workplace concerns worsened his condition, and that accepting his resignation without proper consideration of his mental state constituted dismissal at the employer’s initiative.
Sewell v dnata Airport Services Pty Limited [2025] FWC 2823. The Fair Work Commission awarded approximately $36,500 in compensation after finding a company’s handling of a sexual harassment complaint was so flawed it left the employee with no choice but to resign.
Case review | Flawed workplace investigation leads to constructive dismissal Read More »
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.
Case review | Digital deception leads to dismissal Read More »