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.
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.
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.
