There appears to be a low level of compliance with employers' positive duty regarding workplace s-xual harassment, with absent or poorly enacted policies common, along with deficient investigations, a lawyer says.
It was fair to sack an employee for misusing his personal leave entitlement, the Fair Work Commission has found, in giving no weight to the medical certificate he obtained through an online service.
An employer has to reinstate an employee sacked for misconduct, after the Fair Work Commission found its ultimate decision-maker effectively "rubber stamped the assessment of others".
It was unreasonable to keep an employee "in the dark" after concluding serious misconduct allegations weren't substantiated, a tribunal has found in psychological injury proceedings.
In the absence of any complaints to HR, the Federal Circuit Court has rejected that racist and crude comments towards a supervisor were commonplace, and dismissed her discrimination and s-xual harassment claims.
An employer has lost its appeal against reinstating an employee sacked for inappropriate conduct, after failing to convince a Fair Work Commission full bench that more regard should have been had to his impact on female colleagues.
Despite being counselled about her performance for almost a year and repeatedly failing to follow her manager's directions, an employee has successfully claimed her dismissal was unfair.
An employee who has worked exclusively from home since the first COVID lockdowns has been ordered to return to the office once a fortnight, with the Fair Work Commission accepting the employer's arguments for requiring her attendance.
A tribunal has upheld s-xual harassment and discrimination claims against an employer and its CEO, finding they also significantly delayed the proceedings and put the employee through "ongoing suffering".
The employer of a manager who believed she was pushed out of her job was in fact "anxious" to retain her and help her become a better leader, the Fair Work Commission has found.
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.
