When social media posts caused an employer to doubt the validity of an employee's personal leave, it was entitled to seek further information, a commission has ruled in discrimination proceedings.
In the absence of any complaints to HR, the Federal Circuit Court has rejected that racist and crude comments towards a supervisor were commonplace, and dismissed her discrimination and s-xual harassment claims.
A tribunal has upheld s-xual harassment and discrimination claims against an employer and its CEO, finding they also significantly delayed the proceedings and put the employee through "ongoing suffering".
The absence of evidence from a director closely involved in the sacking of a "serial complainant", after he assaulted a colleague at work, has undermined an employer's defence to his adverse action claim.
It's relatively rare for discrimination claims to proceed to a final hearing at the federal level, but some recent decisions provide "really valuable guidance for employers", a lawyer says. Read our webcast description here then watch the full presentation with premium membership.
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.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
