It was "ludicrous" for an employee to argue a joke towards a colleague wasn't racist and didn't warrant dismissal, the Fair Work Commission has ruled in upholding his dismissal. Also in this article: new misconduct rulings, and more.
A 71-year-old prospective employee whose job offer was rescinded shortly after he disclosed his age to HR has failed to prove the employer took unlawful adverse action against him.
An employee who was sacked after allegedly masturbating at work has failed to convince a commission that his employer discriminated against him for having a skin rash that caused him to "unconsciously" scratch his pelvic region.
Social class is the diversity demographic with the greatest impact on whether employees are included or excluded at work, new research suggests. Meanwhile frontline managers have been disempowered during the pandemic, and employees are feeling unrecognised and unsupported.
An employer has failed to block a stop-bullying claim it argues is "speculative" due to the worker's ongoing absence. Meanwhile, an "ideal" candidate who wasn't hired has lost his discrimination claim.
An employer and a workplace health advisor have failed on appeal to prove that displaying a poster of a female employee did not constitute sexual harassment because it was intended as a safety reminder.
Employers' policies for ensuring the safety of vulnerable workers during the pandemic must be flexible and fluid to account for ever-changing recommendations, a lawyer says in the wake of a high-profile discrimination claim.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.