Tag Archives: investigations
UK: over-thorough investigation did not render dismissal unfair
In NHS 24 v Pillar, the EAT has ruled that an over-thorough investigation will not of itself render a dismissal unfair. It is for the decision-maker to decide what is relevant to their decision, and it is their state of … Continue reading
Filed under Jurisdiction: UK, Termination of employment
UK: Employer’s duty of trust and confidence – caution needed before suspending to investigate alleged misconduct
A recent High Court ruling serves as a reminder to employers not automatically to suspend an employee accused of misconduct while an investigation takes place. Employers should first seek the employee’s response to the allegations and consider whether suspension is … Continue reading
Filed under Jurisdiction: UK, Termination of employment
Australia: Romero v Farstad Shipping saga – A reminder to get your approach to company policies right
There has been further development in the Romero v Farstad Shipping saga, with the Full Federal Court this week dismissing each of Ms Romero’s appeal grounds in relation to damages.1 The Court’s decision should signal the end of a drawn-out dispute between … Continue reading
Hong Kong: MIC Regime – Implications for HR
On 16 December 2016, the Securities and Futures Commission (SFC) issued a circular which introduces new measures to heighten the individual accountability of senior management of licensed corporations (LCs), through the designation of one or more Managers in Charge (MIC) … Continue reading
Filed under Jurisdiction: Asia
New Zealand: Fair and reasonable dismissals
The New Zealand Court of Appeal has ruled on the standard for employers in justifying dismissal decisions, finding it requires an overall assessment of whether the decision was fair and reasonable in the circumstances. In A Ltd v H [2016] … Continue reading
Filed under Jurisdiction: Asia
UK: Unfair dismissal – broad investigation may be required where credibility of serious allegations at issue
Where an employer is contemplating dismissal for gross misconduct on the basis of disputed and uncorroborated evidence, fairness may require it to carry out a broad investigation, including into evidence that goes to credibility.
Filed under Jurisdiction: UK, Termination of employment
UK: Limits to HR role in disciplinary investigations confirmed
Following the decision in Ramphal, a further EAT ruling has reiterated the importance of confining HR's role in disciplinary proceedings to one of advice on legal questions and process, and of ensuring that the conclusions in any investigatory report include … Continue reading
Filed under Jurisdiction: UK, Termination of employment
UK: Higher standard of investigation may be required where contractual discretion to decide facts
Where an employer had a contractual discretion to decide whether an employee had committed suicide (and therefore whether his widow would receive death in service benefits), the employer had an obligation to consider all relevant matters and exclude from consideration … Continue reading