After claiming there was "nothing it could have done" to prevent a manager from s-xually harassing a younger colleague, an employer has been found vicariously liable for his behaviour.
It was "implausible" that a manager would plead guilty to a criminal charge if the allegations underpinning it weren't true, a commission has commented, in finding he also breached workplace harassment laws.
Failing to properly consider whether an injured employee could perform modified duties has undermined an employer's defence to her psychological injury claim.
As the Fair Work Commission considers submissions on the inclusion of a working-from-home clause in modern awards, pressure is mounting for this type of flexible arrangement to be formalised at a broader level.
Occupational violence and aggression is now the fastest-growing mechanism of psychological injury, and it's a problem affecting an increasingly broader spectrum of workplaces, a specialist warns.
Placing a collection of rubber ducks and a pentagram on a coworker's desk may have been unwise, but it wasn't malicious, the Fair Work Commission has found in unfair dismissal proceedings.
Employers are now firmly on notice that when they're considering a major workplace change, they need to assess the risk of psychosocial hazards potentially arising from it, a lawyer says.
A court has thrown out a novel adverse action claim, in which an employee argued he was refused a job on the basis of a physical disability, while also denying that he had such a disability.
The Federal Court has rejected both the "bland explanation" an employee received for his dismissal and his employer's later argument that he was underperforming, finding instead that he was sacked for exercising a workplace right.
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.
