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 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successfully objecting to facing a claim of discrimination against on the basis of a spent conviction, an employer that rescinded a candidate's job offer has warded off fresh allegations of racial victimisation and vilification.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.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
