A costly s-xual harassment case reinforces the importance of extending unlawful conduct training to all workplace participants, not just direct employees, according to an employment law specialist.
In some of the key cases handed down in the anti-bullying jurisdiction so far, the Fair Work Commission has provided useful guidance on what constitutes "repeated unreasonable behaviour", but also raised concerns about the scope of orders it can make.
In a case fought over the use of double standards, a commission has found the ultimate sacking of one employee was too harsh, because another had not been dismissed despite displaying arguably worse behaviour.
Employers and HR professionals should ensure their social-media policies and training clearly cover use of digital photography, with photo-sharing apps creating a host of new bullying, harassment and other risks to manage, according to Holding Redlich senior associate Joel Zyngier.
The Fair Work Commission has upheld an employer's dismissal of a worker who refused to sign an acknowledgement he had undergone social media training, arguing it is inevitable social media policies go beyond purely an "at work" context.
A worker who initially refrained from reporting s-xual harassment, due to an executive's insensitive remarks, has been awarded nearly half a million dollars in damages from a contractor.
In taking steps to minimise Christmas-related risks, employers should bear in mind it's often clients, not staff, who create the biggest headaches for HR, an employment lawyer warns.
Since legislative amendments took effect in August, every complaint and enquiry to the Human Rights Commission about s-xual orientation, gender identity and inters-x status has been related to employment, so it's clear that employers have some work to do, according to Commission President, Professor Gillian Triggs.
The combination of social media and a holiday atmosphere makes the festive season a particularly dangerous time of year for employers, warranting "extra care" on their part, says Holding Redlich special counsel Trent Taylor.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
