An investigation into an employee's alleged "improper behaviour" did not align with the employer's own respectful workplace policy and was therefore "inadequate, flawed and unfair", a commission has ruled.
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.
Employee class actions are expensive and time-consuming, but employers can take some steps to minimise these costs, according to a lawyer who sets out what to expect when an action is imminent or underway.
Recent decisions show the Fair Work Commission doesn't shy away from ordering reinstatement after employees have breached workplace D&A policies, and there's a high bar for appealing these rulings, a lawyer says.
In "blindly" accepting an employee had verbally harassed colleagues, an HR manager unfairly deprived her of the opportunity to defend herself, the Fair Work Commission has ruled in awarding her $26k for unfair dismissal.
In deciding not to make stop-bullying orders, the Fair Work Commission doesn't "in all cases" need to first determine whether bullying has occurred, if it considers a current employee is not at risk of such conduct in the future, a full bench has confirmed.
After successfully objecting to facing a claim of discrimination against on the basis of a spent conviction, an employer that rescinded a candidate's job offer has warded off fresh allegations of racial victimisation and vilification.
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.
Referring to an employee's "body proportions" when directing her to comply with a uniform policy was unacceptable, but it didn't force her to resign, the Fair Work Commission has ruled.
The growing number and diversity of employment-related class actions suggest they won't drop off "any time soon", and positive duty non-compliance is a key risk area to watch, a lawyer warns.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
