Feedback Form
Home Features Mastermind Videos About Advertise Blog Network Contact
   

Have A Suggestion?
Toronto Salsa Classes / Toronto Salsa Lessons Email us your ideas on how to make our website more valuable! Thank you Sharon from Toronto Salsa Lessons / Classes for your suggestions to make the newsletter look like the website and profile younger entrepreneurs like Jennifer Lopez and Sean Combs!
Have A Suggestion?

Featured Ebook


ebook Famous Entrepreneurs - Modern Empire Builders


Featured Ebook

More Evan Carmichael
Have A Suggestion?

Sales Lessons From Starbucks And Dell

Conducting a faulty investigation can lead to an employee’s success in an unfair dismissal claim



Conducting a faulty investigation can lead to an employee’s success in an unfair dismissal claim
   

In this case the Hospital’s HR practitioner conducted an internal investigation in which it wrongly accused Ms Nicolson of assaulting a fellow employee during a dispute over rosters. As a result of the internal investigation Ms Nicolson’s employment was terminated.

The AIRC found that the investigation was faulty and had been conducted in a “completely unprofessional” way by the Hospital’s HR practitioner. Part of the reasons for the decision was that the HR practitioner had refused to make copies of all records available to Ms Nicolson, including copies of all of the allegations made against Ms Nicolson. The AIRC also found that a senior employee was biased in his evidence against Ms Nicolson in the investigation. The AIRC specifically stated that Ms Nicolson was entitled to full disclosure of everything that was going to be used against her. The AIRC was particularly critical of the Hospital’s HR Practitioner, finding that her actions smacked of a poor concept of Ms Nicolson’s rights, particularly in light of the HR Practitioner’s claimed experience.

The AIRC concluded that there was no basis for the finding in the investigation that Ms Nicolson had assaulted a fellow employee during a rostering dispute. In fact, the AIRC found that Ms Nicolson was the victim of assault by a fellow employee rather than the perpetrator of the assault.

The AIRC also found that the HR practitioner’s conduct was in breach of the Hospital’s own Code of Conduct and the values expressed by the Hospital.

The AIRC ordered that Ms Nicolson was to be either reinstated to her former position or to a different but equivalent position. The AIRC provided the option of reinstating her to an equivalent position because of the poor attitude of the more senior employees in the area Ms Nicolson had worked in the Hospital. The AIRC also ordered that the Hospital pay to her compensation for lost earnings.

HR Tip : Employers must ensure that investigations conducted by the Company are procedurally fair and that any findings made from the investigation can be supported by the evidence provided in the investigation. Usually, this does not require providing an employee with all material relating to allegations against the employee, however, the employee should be informed of all details of the allegations against her.



Conducting a faulty investigation can lead to an employee’s success in an unfair dismissal claim - To learn more about this author, visit Jessica Lee's Website.

Like this article? Share it with your friends
[Get Copyright Permissions] E-Mail | Print | More  


Related Articles Related Articles
Unfair Dismissal under Federal Labor Government
  As outlined in its policy announcement prior to the election, Federal Labor has proposed changes to the unfair dismissal laws. We expect that the new government will commence to enshrine these changes in legislation...
The Commission clarifies when a qualifying period ends
  In the recent decision of Tania Maree Kabel-Pluck v Visy Pulp and Paper Pty Ltd, the Commission found that an employee was not prevented from making an unfair dismissal claim because the date of termination took pla...
SELLING A BUSINESS: Legal Pitfalls
  Consider how to structure the sale as early as possible, and take advice from your legal and tax advisers. If your business is run through a limited company, you will need to decide whether to sell the shares of the...
Conducting a faulty investigation can lead to an employee’s success in an unfair dismissal claim
  The AIRC ordered Melbourne’s St Vincent Hospital to reinstate an employee and ordered compensation for lost earnings after it found that a pathology courier employee’s (Ms Nicolson) dismissal was unfair.
Video surveillance successfully used to prove theft and justify termination
  The recent unfair dismissal case of Whiting v Greenbank, the Commission found that the termination of an employee, who was accused of stealing $24.00 from the till, was not harsh, unjust or unreasonable.

Related Forum Posts Related Forum Posts
SR & ED SR & ED
Re: Old boy network vs qualifications Re: Old boy network vs qualifications
Truth Is It's A Win-Win Truth Is It's A Win-Win
Bad Franchises Bad Franchises
Choose Well In The Beginning Choose Well In The Beginning
Re: Kevin's Case Study #6 - Marketing an information resource? Re: Kevin's Case Study #6 - Marketing an information resource?
Women care about employees Women care about employees
My success this week My success this week

 
About the Author


Jessica Lee
(Visit Jessica's Website)
Jessica joined Australian Business Lawyers in March 2004 and is a Senior Associate with the firm. She regularly provides advice and represents clients ina wide range of employment and industrial law matters including industrial disputes, unfair contracts and unfair dismissals. Jessica has also represented the interests of various emplyoers in a number of different tribunals and Courts. Jessica’s achievements in discrimination law were awarded with the NSW Bar Association Prize for excellence in the subject Anti-Discrimination Law after her studies at University. Since then, Jessica has provided advice to clients in relation to discrimination matters and assisted in preparing responses to the relevant government bodies in the event that a discrimination claim is made. Jessica has conducted numerous independent investigations into complaints of bullying, harassment and sexual harassment and provides assistance to employers that are conducting investigations into workplace grievances and complaints.
Have A Suggestion?

View Author's Blog
Become An Author

View Author's Video
Become An Author

Free Downloads


Jessica Lee's

Complete
List Of
Legal
Articles

First Name
Last Name
Email
 
If you enjoyed this article, get Jessica Lee's Complete List of Legal Articles For FREE!

More Jessica Lee
Flawed investigation leads to monetary compensation for former employee
Employer successfully questions an employees medical certificate
Duty of care includes protecting employees from violence outside of work
Conducting a faulty investigation can lead to an employees success in an unfair dismissal claim
Become An Author