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Antiwork

Rogue workplace investigations conducted by HR

Has anyone been through an unfair workplace investigation process conducted internally by HR and where the outcome was in favour of the employer, and there was nothing you could do about it? My experience of this revealed how much employers in Australia have very broad discretionary powers when conducting workplace investigations. I was not aware of this and have since realised that not many people are aware of it either. My employer very easily got away with not following due process and procedural fairness. I was targeted with a series of allegations that were not substantiated and they ignored the evidence I provided in my response to each allegation. The Union was with me throughout the entire process but there was very little they could do. They advised me that I had no legal protection because the employer went to great lengths to make sure the EA did give the…


Has anyone been through an unfair workplace investigation process conducted internally by HR and where the outcome was in favour of the employer, and there was nothing you could do about it? My experience of this revealed how much employers in Australia have very broad discretionary powers when conducting workplace investigations. I was not aware of this and have since realised that not many people are aware of it either. My employer very easily got away with not following due process and procedural fairness. I was targeted with a series of allegations that were not substantiated and they ignored the evidence I provided in my response to each allegation. The Union was with me throughout the entire process but there was very little they could do. They advised me that I had no legal protection because the employer went to great lengths to make sure the EA did give the FairWork Commissioner any jurisdiction to be involved in workplace dispute resolution. The Union advised me that the only thing I could do was lodge an unfair dismissal claim with the FairWork Commission however in this instance a dismissal would clearly be deemed unfair, so my employer issued a warning as a tactic to intimidate and bully me while also tarnishing my employees record. I never thought such a thing could happen where an employer can get away that easily with a dodgy workplace investigation using trumped up allegations and biased witness statements while at the same time ignoring all of responses to their allegations and the evidence I provided. I have since found out that employers have for years relied on these tactics to make an employee resign – of they don't like the employee for whatever reason. Has anyone else been through an unfair process at your workplace when an investigation was conducted in an unfair manner, without following the principles of due process and procedural fairness? What did you do and how did manage the situation?

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