Sex Discrimination Commissioner Elizabeth Broderick has called for greater powers to proactively investigate workplaces and sectors where sexual harassment is prevalent, instead of relying solely on complaints.
Bargaining has been taking longer under the Fair Work Act, but if the economy becomes more robust, negotiations might do the same, says Freehills partner Chris Gardner.
Although bullying is usually purposeful, it is possible to bully others without even realising it, says Dr Paula Brough, of Griffith University School of Psychology.
A NSW employer that allegedly told a worker to "bear the consequences" of her "inconvenient" pregnancy, is facing fines of up to $231,000 following the launch of the Fair Work Ombudsman's first pregnancy discrimination case.
Next time your organisation is defending an adverse action claim, it should think twice before deciding to settle, says Kemp Strang senior associate Nick Noonan.
When employers are convinced that a worker's claim against them is totally without merit, they should consider defending themselves "as a matter of principle", says Minter Ellison partner Richard West.
A novel union case against an individual director, accused of breaching the terms of an enterprise agreement, is ringing alarm bells for HR practitioners, but avoiding such a prosecution is relatively straightforward, says lawyer Luke Connolly.
Organisations in the process of updating employment contracts need to be aware of six potential traps that could land them in legal trouble, say Kemp Strang employment lawyers.
HR managers could be found personally liable for bullying and harassment at work, under the national OHS framework, if they fail to take steps to prevent it, according to Hicksons Lawyers partner Brad Swebeck.
Organisations need to take responsibility for bullying because its presence in a workplace signifies "systemic dysfunction", says psychologist Evelyn Field.
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.