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successfully objecting to facing a claim of discrimination against on the basis of a spent conviction, an employer that rescinded a candidate's job offer has warded off fresh allegations of racial victimisation and vilification.
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.
