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.
The events an employee claimed were discrimination weren't linked to her autism and ADHD, but rather resulted from managers' understandable concerns about her performance and behaviour, a tribunal has ruled.
Adjusting an employee's roster to accommodate her caring responsibilities wouldn't have imposed a significant burden on an employer, and its refusal amounted to discrimination, a tribunal has ruled.
Despite failing to help a manager deal with a "complicated" parental leave situation, an employer has proved it didn't take unlawful adverse action against an employee, the Federal Circuit Court has ruled.
A recent general protections claim demonstrates that race discrimination laws are "intended to be read broadly and generously", a workplace lawyer says.
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" on how courts are interpreting these laws, a workplace lawyer says.
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.
