Derogatory comments made about other women in front of an employee did not constitute harassment on the ground of sex, the Federal Court has ruled, in the first analysis of these provisions.
A high-profile sexual harassment ruling provides a clear reminder to employers of the importance of ensuring that positive workplace cultures are led from the top, lawyers say.
Former Federal Sex Discrimination Commissioner Kate Jenkins says she is yet to come across a single organisation that is "implementing the positive duty in an entirely holistic and thorough manner", but meaningful change is nonetheless occurring "beneath the surface".
An employee's recent sexual harassment training was evidence of the degree to which he was aware his workplace behaviour was inappropriate, and increased the seriousness of his misconduct, a commission has ruled.
Sacking an employee seven years after he sent "intimate" messages to a subordinate was warranted, but his otherwise unblemished record made the dismissal harsh, the Fair Work Commission has found in ordering his reinstatement.
Employers that fail to comply with their positive duty to prevent workplace s-xual harassment should face civil penalties, according to the Australian Human Rights Commission, which has today announced 11 proposals to action the last of the Respect@Work report's recommendations.
Leadership quality is one of the biggest risk factors for a toxic work environment, and there are often leading indicators that can be addressed before cultures become psychologically unsafe, according to a behavioural scientist.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
