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.
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.
An absence of workplace bullying reports did not mean an employer wasn't aware of the conduct, a court has found, in awarding an employee more than $950k in damages for a psychiatric injury.
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.
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.
The fact that an employee's false bullying allegations against a colleague were just "bluff and bluster" made in the "heat of battle" didn't excuse his conduct, the Fair Work Commission has found in upholding his dismissal.
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.
