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.
An employee couldn't rely on a generic complaint of "poor workplace culture" to support her s-xual harassment and vicarious liability claims, a court has ruled.
A Fair Work Commission member was wrong to find an employee didn't breach the 'professional boundaries' provisions in a code of conduct because his behaviour wasn't sexual, a full bench has ruled.
A Fair Work Commission member was wrong to dismiss a stop-bullying application based on the assumption that an employee who was absent and unfit for duties faced no continuing risk of bullying, a full bench has ruled.
In upholding an employee's appeal, a full bench of the Fair Work Commission has declined to determine whether someone can be considered "at work" and at risk of bullying while they're unfit for duties.
A performance management process was, "on any measure, fair and balanced", despite involving premature approval of an employee's dismissal, a commission has affirmed in appeal proceedings.
An employer was vicariously liable for a director's s-xual harassment of a "vulnerable" young trainee, the Federal Circuit Court has ruled, ordering them to pay her $125k.
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.
The Fair Work Commission has stressed the importance of adhering to open justice principles in anti-bullying matters, in refusing an appeal filed by an alleged bully who didn't want to be named in published decisions.
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.
