Termination – poor investigation

Termination – poor investigation

A recent decision at Fair Work has reinforced the need to ensure your process to investigate an incident are well organised and properly adhered at all times, after an employee was found to have been unfairly dismissed due to a flawed process.

What was initially disturbing was the lack of  questioning of witnesses in a reasonable fashion and  manner which would have opened up more possibilities as to what actually happened .

Importantly-  the investigation report was not provided to the driver before the meeting that led to his termination and he was not told the meeting could result in his termination of employment.

So it meant the employee could not have prepared as well as he could have to defend the allegations  – hence it also meant the Employer did not have all the information to review  before it made what was ultimately a flawed decision based on a flawed investigation.

With HR Central , we ensure each and every step is carried out and decisions are not predetermined or rushed into because we have had the experience of seeing when investigations are flawed – it is the Employer who faces the consequences.


Michael O'Shaughnessy

Michael is a specialist in all things HR. With vast HR experience in the USA and Australia, Michael brings a wealth of knowledge and advice to HR Central. When he's not blogging for HR Central you can find him out for dinner in one of Melbourne's newest restaurants.

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