A Fair Work Commission member was wrong to find an employee didn't breach the 'professional boundaries' provisions in a code of conduct because his behaviour wasn't sexual, a full bench has ruled.
A Fair Work Commission member was wrong to dismiss a stop-bullying application based on the assumption that an employee who was absent and unfit for duties faced no continuing risk of bullying, a full bench has ruled.
A performance management process was, "on any measure, fair and balanced", despite involving premature approval of an employee's dismissal, a commission has affirmed in appeal proceedings.
An employer was vicariously liable for a director's s-xual harassment of a "vulnerable" young trainee, the Federal Circuit Court has ruled, ordering them to pay her $125k.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Watch this HR Daily Premium webcast for an up-to-date review of the legal framework and key rulings.
The Fair Work Commission has stressed the importance of adhering to open justice principles in anti-bullying matters, in refusing an appeal filed by an alleged bully who didn't want to be named in published decisions.
General protections breaches "should never be treated as an acceptable risk of doing business", a Federal Circuit Court judge has stressed, in awarding about $90k to "a most difficult and challenging employee".
Increasing employee demands and expectations associated with the 'me economy' are understandable, but they're also unsustainable, according to a workplace culture specialist.
An employer's decision to sack an employee who refused to attend independent medical examinations was valid, but characterising her behaviour as serious misconduct was harsh in the circumstances, according to the Fair Work Commission.
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.
