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successfully objecting to facing a claim of discrimination against on the basis of a spent conviction, an employer that rescinded a candidate's job offer has warded off fresh allegations of racial victimisation and vilification.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 s-xual 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.
The redeployment obligations confirmed by the High Court today might be "pretty straightforward" in obvious hypothetical scenarios, but they're likely to become "very tricky" for employers operating in the real world, a lawyer says.
A "very poor" attendance rate combined with repeatedly failing to notify or explain absences meant there were valid reasons to sack an employee, the Fair Work Commission has ruled.
It wasn't discriminatory to seek confirmation that an employee was fit to perform his duties, after he made "alarming" comments during a performance review meeting, a tribunal has ruled.
"Reasonable schemes reasonably implemented can miscarry without rendering them unreasonable," a commissioner has stressed, in rejecting the psychological injury claim of an employee who had a "troubling propensity for embellishment".
Despite signs of a "permissive attitude" towards name-calling at work, an employer was entitled to reprimand an employee for racial stereotyping a colleague, a commission has found.
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.
