Australia's class action regime is failing, with employees receiving as little as 51% of proceeds, an employer group says. Also in this article, new calls for paid domestic violence leave following a surge in cases. Plus: July law changes; HR appointments; and much more.
An employer and its directors have failed to prove on appeal that they didn't take unlawful adverse action against a manager, but they have successfully challenged the "manifestly excessive" penalties imposed.
An employer's refusal to let an injured employee return to full-time duties, and its subsequent response to her bullying and discrimination complaints, were reasonable actions, a commission has ruled.
An employee's direction to attend an independent medical exam will again be reviewed, after a commission found his employer didn't comply with its policy.
An employee has failed on appeal to prove she was "badgered, bullied and mobbed" by colleagues while her performance was under review, resulting in a psychiatric injury.
It was "entirely appropriate" for an employer to propose dismissal for workplace behaviour that "fit the classic pattern of an escalation for s-xual harassment", a commission has ruled.
A Fair Work Commission member's failure to recuse himself from hearing a stop-bullying case has had the 'regrettable' knock-on effect of making his ruling invalid.
An employee has failed to prove her public scrutiny concerns warranted removing her name from an FWC ruling. Also in this article, a casual has lost her appeal for greater unfair dismissal compensation; and more.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.