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".
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.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
