An employee's participation in s-xualised banter "from time to time" didn't mean she welcomed a supervisor's proposition, the Federal Court has stated, in finding her employer vicariously liable for his conduct.
Proposals to insert "clearer, and in some contexts prioritised, protections based on biological s-x" in discrimination laws would add a further layer of complexity to employers' obligations in this space, according to a workplace lawyer.
A study examining discretionary payment decision-making suggests that women need to achieve high outcomes to receive bonuses, but men can expect bonuses for low outcomes if evaluators hold them in high regard.
It wouldn't be "fair and just" for an employer to face an employee's discrimination claim, after it had already paid him compensation for unfair dismissal, a tribunal has found.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Watch this HR Daily Premium webcast for an up-to-date review of the legal framework and key rulings.
An employer has unsuccessfully tried to block a s-xual harassment dispute, arguing it had no utility because it was lodged by a former employee it would "never" hire again, and who had also filed a claim in the Australian Human Rights Commission.
An HR director denied an employee the opportunity to discuss her disabilities and fitness for work because she'd already "made up her mind" to demote her, a tribunal has found.
Hiring managers are more prone to disability bias in certain situations, and inclusion-focused gen-AI tools might inadvertently "swing the pendulum toward preferential treatment", a researcher has found.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.