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 »
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 | Flawed workplace investigation leads to constructive dismissal Read More »
Digital evidence from a wide variety of online sources is commonplace in workplace investigations.
To investigate or not? Triaging can provide the answer 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 »
Digital evidence from a wide variety of online sources is commonplace in workplace investigations.
Evidence has a hierarchy of reliability: direct evidence carries more weight than circumstantial, hearsay, or opinion evidence in workplace investigations.
Assessing witness credibility in workplace investigations 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 »
‘I don’t recall’ responses are common in workplace investigation interviews, but they don’t need to be a roadblock if handled well.
Recall roadblocks: How to handle ‘I don’t recall’ responses in investigations 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 »
