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.
A recent Federal Court ruling heightens employers' obligations to take s-xual harassment complaints seriously, even when there's no witnesses to the alleged conduct, a lawyer says.
The first fully-contested judgment regarding a breach of the Fair Work Act's workplace s-xual harassment provisions has important implications for all employers. This Q&A unpacks the Federal Court's key findings and what organisations can learn from them.
There appears to be a low level of compliance with employers' positive duty regarding workplace s-xual harassment, with absent or poorly enacted policies common, along with deficient investigations, a lawyer says.
In the absence of any complaints to HR, the Federal Circuit Court has rejected that racist and crude comments towards a supervisor were commonplace, and dismissed her discrimination and s-xual harassment claims.
A tribunal has upheld s-xual harassment and discrimination claims against an employer and its CEO, finding they also significantly delayed the proceedings and put the employee through "ongoing suffering".
An employee's participation in s-xualised banter "from time to time" didn't mean she welcomed a supervisor's proposition, the Federal Court has stated, in finding her employer vicariously liable for his conduct.
An employee breached s-xual harassment laws when she sent 15 images to a coworker, who had "reluctantly agreed" to receive just one, the Federal Court has found.
An employee who complained about workplace s-xual harassment and victimisation was a lower priority for an employer than the accused perpetrator, the FWC has noted, among other criticisms of an HR team's approach.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
