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.
A medical opinion stating it was "possible" that a disciplinary meeting "may have had an impact" on an employee's psychological condition did not come close to clearing her employer of liability for the injury, a tribunal has found.
