An employee who complained about gender-based discrimination and harassment has failed to persuade the Fair Work Commission that her resignation was a "probable consequence" of her employer's response to her concerns.
An appeal tribunal has overturned a ruling that an HR leader had a "knee-jerk reaction" to an employee's criminal record and discriminated against her, finding instead that her actions were "perfectly sound".
The Federal Circuit Court has reconsidered and set aside its finding that an employer discriminated against an employee with ADHD and Asperger's Syndrome when it dismissed her.
A director showed "reckless disregard" for an employee when he engaged in predatory conduct "for his own wanton gratification", and must now pay her $176k in damages and costs.
Even if certain negative behaviours were "manifestations" of an employee's autism spectrum disorder, they weren't a substantial and operative reason for her dismissal, the Fair Work Commission has ruled.
Derogatory comments made about other women in front of an employee did not constitute harassment on the ground of sex, the Federal Court has ruled, in the first analysis of these provisions.
After successfully objecting to facing a claim of discrimination against on the basis of a spent conviction, an employer that rescinded a candidate's job offer has warded off fresh allegations of racial victimisation and vilification.
A high-profile sexual harassment ruling provides a clear reminder to employers of the importance of ensuring that positive workplace cultures are led from the top, lawyers say.
It wasn't discriminatory to seek confirmation that an employee was fit to perform his duties, after he made "alarming" comments during a performance review meeting, a tribunal has ruled.
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.
