A manager has failed to prove that numerous instances of physical contact with his subordinate occurred in the context of a "supportive and caring" employment relationship.
An employer has been found vicariously liable for sexual harassment and assault, with a tribunal criticising its "manifestly inadequate" response to an employee's complaints.
An employer's s-xual harassment investigation focused on a complainant's "subjective reactions" and failed to fully consider the context of an incident, the Fair Work Commission has ruled in ordering reinstatement.
In a new decision under the Fair Work Act's powers to order sexual harassment to stop, a Deputy President has examined when harassment will be deemed to have occurred "at work".
A manager's "unchecked authority" effectively empowered his "rapacious pursuit" of an employee, the Fair Work Commission has found in stop s-xual harassment proceedings.
An employee has failed to prove that repeatedly asking a colleague out for coffee wasn't s-xual harassment, with a commission finding his employer was entitled to remove him from his role.
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Employees should be on notice that their "social" behaviour will attract greater scrutiny and face higher standards than in the past, the Fair Work Commission has ruled in upholding a dismissal for harassment.
