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

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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

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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

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Filed under Jurisdiction: Australia, Terms of employment contracts

Asia: The Role of Unions

Unions are becoming increasingly prevalent across Asia. Here we take a look at which aspects of the employment relationship unions may be involved in Singapore, Hong Kong, the People's Republic of China, Thailand, Indonesia, South Korea and Japan.

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Asia

Australia: Important interim order in a bullying application

A recent decision in the anti-bullying jurisdiction of the Fair Work Commission has highlighted the (potentially complicated) interaction between bullying complaints and an employer's internal investigation process. In Lynette Bayly [2017] FWC 1886, the Commission made an interim order staying an employer’s internal … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: Australia

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

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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

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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.

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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

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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

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Filed under Jurisdiction: UK, Termination of employment, Terms of employment contracts