A question that is generally raised after a complaint has been lodged is whether to conduct the investigation internally or to obtain external investigation assistance. A poor workplace investigation can leave a path of destruction with a trail of bodies. If workplace investigations are not conducted correctly it can lead to unfair dismissal claims. “The Tribunal found that the investigation into these allegations was deeply flawed.” Robinson v Combat Stress UKEAT/0310/14/JOJ is a conduct at work case that would appear to have been undermined by “very deep flaws in the totally inadequate process which the employer had adopted …”. Workplace Investigation – Flawed Enquiry leads to Finding of Unfair Dismissal. FWC upholds dismissal despite flawed investigation June 10, 2019 / in News & Articles / by Chloe McDarmont Procedural flaws in an investigation carried out by a childcare centre have been criticised in a recent FWC unfair dismissal decision, despite the dismissal being upheld as fair. When used in the right situations and conducted appropriately a workplace investigation can resolve a range of issues including bullying and harassment complaints. Unfair dismissal flawed investigation – Workplace investigations may be necessary part of business but are often complex and difficult to conduct, especially for the untrained and inexperienced. Workplace investigations can be an important and useful tool. In this free Worklogic webinar on demand, Worklogic Director Jason Clark explains typical flaws impacting procedural fairness in a workplace investigation, reviews three case studies highlighting these flaws and explains the seven ‘golden rules’ of procedural fairness. Three instances of misconduct informed the Company decision to dismiss Flawed investigation costs employer * Workplace harassment and the laws of dismissal * Flawed Workplace Investigation. The case of An Employee v An Employer (UD 2413/2009) posted today serves again as a reminder to employers to ensure any workplace investigations are carried out in accordance with proper and fair procedure. Flawed investigation leads to unfair dismissal A recent decision of the Fair Work Commission demonstrates that a flawed investigation can render a dismissal unfair. Notably, the Commission held that the dismissal was unfair even in circumstances where the employee was given an opportunity to respond and admitted to the misconduct.
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