It was "extraordinarily insensitive" to tell an employee to be "inclusive of all opinions", including racist ones, the Fair Work Commission has found in unfair dismissal proceedings.
The Fair Work Commission has made a single-interest employer authorisation for a proposed multi-enterprise agreement covering 269 employers and their workers.
Dismissing an employee because he wouldn't agree to his image or voice being shared on social media, unless he was paid extra for it, amounted to unlawful adverse action, the Federal Circuit Court has ruled.
The way a manager responded to misconduct allegations gave his employer "no reason to hope" he would comply with its code of conduct in future, a commission has found in rejecting his unfair dismissal claim.
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.
It was reasonably foreseeable that accommodating an employee's preferred rostering arrangement would prompt similar requests from other workers, potentially causing an employer to suffer "significant" efficiency and productivity losses, the Fair Work Commission has found.
The Fair Work Commission has dismissed an employee's s-xual harassment dispute, confirming it couldn't deal with the matter because at the time of her application her claims in other tribunals hadn't yet failed or been withdrawn.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. Watch this HR Daily Premium webcast where important developments in both procedural issues and case law are discussed.
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.
