An employer has to compensate a 61-year-old construction worker after laughing at his job application and suggesting he wasn't physically up to the work. Also in this article, rulings on harassment, misconduct, adverse action; and Porter loses the IR Ministry.
Employees are calling for action on gendered violence as s-xual assault and harassment reports continue to escalate. Meanwhile, the Fair Work Commission has extended pandemic-related flexibilities in awards; and more.
A manager withheld work from an employee because she rejected his s-xual advances, a commission has found in awarding her $51k in damages for harassment and discrimination.
An employer that failed to list its true reasons for sacking an employee in its termination letter has been ordered to compensate her for unfair dismissal.
An employer decided not to renew two workers' employment contracts because they made bullying complaints and enquired about their workplace rights, a court has found in upholding their adverse action claims.
An employee's unreasonable and disrespectful behaviour was a "likely" explanation for her manager's bullying conduct, but didn't excuse it, the Fair Work Commission has found in issuing draft stop-bullying orders.
An employer has been ordered to reinstate a worker it sacked for making racist remarks and calling a female colleague a "c-nt", after a commission found his long tenure and contrition mitigated his misconduct.
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.
