It wouldn't be unfair or oppressive for an employer to face s-xual harassment and discrimination allegations from up to a decade ago, in circumstances where it contributed to the lengthy delay in the proceedings, the Federal Court has ruled.
Accepting that "general inclusive recruitment practices" failed to increase women's participation in a male-dominated workforce, a commission has granted an employer an exemption from anti-discrimination laws.
Difficulties in ensuring an injured employee adhered to his return-to-work plan "could and should have been avoided", but this didn't give him no choice but to quit, the Fair Work Commission has ruled.
Real workplace events that an employee perceived as s-xual harassment "clearly" exacerbated her pre-existing psychological condition, a commission has found, in upholding her workers' compensation claim.
The fact an employee sought stop-bullying orders that might "lack utility" or be beyond the Fair Work Commission's powers was of "no great consequence", a member has commented, in rejecting the employer's application to dismiss the matter.
It was "premature" to sack an employee for failing to attend work, when just days earlier he was corresponding with the employer about his return, the Fair Work Commission has found.
Sacking an employee for breaching a company policy was unfair, the Fair Work Commission has found, in circumstances where there was no evidence she'd received specific instructions, and where she'd previously been "acclaimed" by co-workers for the same conduct.
An HR investigation into a workplace incident was "too narrow" and resulted in a flawed process, the Fair Work Commission has ruled in unfair dismissal proceedings.
An HR manager's incorrect advice regarding the entitlements an employee would receive if he quit wasn't intended to force his hand, the Fair Work Commission has found.
An independent investigation followed by mediation might have prevented a workplace conflict from escalating into a stop-bullying application, the Fair Work Commission has noted, in highlighting some lessons for employers.
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.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.
