Discussing a polyamorous lifestyle wasn't in itself a valid reason to sack an employee, however his conversations went beyond that, the Fair Work Commission has noted in upholding his dismissal.
One in three Australian workers (33%) report having experienced workplace sexual harassment in the past five years. Meanwhile, a new jurisdiction to resolve bullying and harassment disputes is also the first to allow for damages orders.
An employer's deficient policies and procedures for managing sexual harassment risks indicated a "complete disregard" for its employees, a court has ruled in issuing a $40k fine.
An employee had no choice but to resign after she complained about sexual harassment and then wasn't properly informed of the investigation's outcome, the Fair Work Commission has ruled.
An employer that's determined to prevent s-xual and gender-based harassment, and have a workplace culture where respect is "the default", has implemented a "living, breathing" plan that goes above and beyond its legislative obligations.
A director showed "reckless disregard" for an employee when he engaged in predatory conduct "for his own wanton gratification", and must now pay her $176k in damages and costs.
A senior HR business partner's "patently false", "unsubstantiated" and at times "misogynistic" claims have undermined his unfair dismissal case, the Fair Work Commission has chastised.
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".
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.
