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.
An employee's request for a 919-day extension to lodge a general protections dismissal claim, based on a suggestion made by ChatGPT, was best described as "hopeless" and an unnecessary waste of time, according to the Fair Work Commission.
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.
Derogatory comments made about other women in front of an employee did not constitute harassment on the ground of sex, the Federal Court has ruled, in the first analysis of these provisions.
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successfully objecting to facing a claim of discrimination against on the basis of a spent conviction, an employer that rescinded a candidate's job offer has warded off fresh allegations of racial victimisation and vilification.
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.