Employers are increasingly coming under fire for using confidentiality agreements after workplace s-xual harassment allegations as a "form of gag", according to a lawyer.
The Fair Work Commission has upheld the dismissal of an employee who called managers "c-nt" and "f-ggot", rejecting his claim that bipolar disorder fuelled his behaviour.
An employer was right to sack an employee who secretly recorded conversations with colleagues and harassed his manager, the Fair Work Commission has ruled.
The Fair Work Commission has ordered an employer to reinstate a worker who was sacked for s-xually harassing a female trainee, after it found the trainee's evidence was unreliable.
An employer has successfully sought an order to access an employee's phone records, following a dispute about whether he accessed p-rn on his company-provided device. Also in this article, a roundup of recent dismissal rulings; and new research on end-of-year celebrations, wage theft, disability inclusion, and more.
In separate s-xual harassment cases, derogatory and hostile comments towards a female colleague warranted an employee's dismissal but the employer's procedural flaws made it unfair; and another employer has defended sacking a worker for sending explicit images to his manager.
The Fair Work Commission's conciliation process can save employers time and costs in responding to unfair dismissal claims, but on specific occasions they should avoid it, according to workplace lawyers.
Some key themes have emerged in unfair dismissal rulings from the past 12 months. Watch this webcast to understand developments in how the Fair Work Commission handles this area.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
