Posts: Harassment

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Harassment

Webinar: It Doesn't Matter Where You Work - Managing bullying and harassment in today's workplaces

With many of us, some for the first time, in the midst of working remotely, it's important that employers are vigilant in ensuring their employees behave appropriately at all times regardless of the method of interaction or communication.

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Workplace Relations Review

Cases and Legislation June 2020

Cases and Legislation June 2020 NEWS ALERTS NSW Work Health Safety Legislation Amendments The Work Health and Safety Act 2011 (NSW) (WHS Act) was recently amended giving effect to some of the recommendations of the 2018 national review of the modern WHS Act. ...

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“All reasonable steps” and vicarious liability

You're a liability

Federal and State anti-discrimination legislation makes it unlawful for employers to discriminate against or harass a person in their employment. The legislation also places liability on employers for the discriminatory conduct of their employees.

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Workplace Relations Review

Cases and Legislation February 2020

Cases and Legislation February 2020 Post-Employment Conduct “Ex-employee fined for contempt after breaching Court undertakings" Maxilift Australia Pty Ltd v Donnelly [2020] SASC 8 Executive summary A former sales manager has been fined $7,115 and found in contempt of...

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Workplace Relations Review

Cases and Legislation October 2019

Drunkenness and vomiting at after work drinks did not justify employee's dismissal.

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Workplace Relations Review

Cases and Legislation August 2019

Employee conduct and codes of conduct, employers’ liability and employee out-of-hours conduct, employer in breach of privacy laws, redundancies and suitable alternative employment, workplace bullying and disciplinary action

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FWC refers employer to FWO over sham contracting

Fool me once, sham on you

The rapid rise of concepts such as the gig economy has seen a significant shift in our understanding of the differences between independent contractors and employees.

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How a region banded together to improve employment standards

Group Effort

No employer operates in a silo – all employers operate in complex systems of interrelated stakeholders including employees, customers, other businesses, and regulators who enforce the laws that apply to the employer and their business.

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Workplace Relations Review

Cases and Legislation July 2019

Workplace investigations and the disciplinary process, labour hire company convicted, review of Miscellaneous Award 2010, recruitment, criminal records and discrimination, sports Law - player suspensions and stand downs

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Why clubs need to regulate fan and member behaviour at sporting events

Have a seat and take a stand

Racial abuse from fans and/or members certainly falls foul of discrimination laws and can lead to significant questions being asked of clubs and organisations about what steps they took or could have reasonably taken to prevent players from being subject to such behaviour.

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FWC warns of abuse of stop bullying jurisdiction

The Stalking Horse

It has unfortunately become a common occurrence for employees who are subject to management action to immediately seek redress by filing a claim against their employer (or other employees) alleging things such as adverse action, discrimination or bullying.

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FWC orders managing director to stop bullying HR manager

Family Feud

In response to an application to stop bullying, the Fair Work Commission (FWC) has the power to make any orders it thinks necessary to prevent workplace bullying from continuing.

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FWC upholds dismissals from workplace with “robust environment”

A break from banter

It is becoming increasingly challenging for employers and employees to understand where the line is between a relaxed, open and friendly workplace culture

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Court rejects employee’s proposed adjustments to workplace

Put it in writing

Australia’s anti-discrimination legislation imposes positive obligations on employers to make reasonable adjustments in the workplace to accommodate an employee’s disability, unless doing so would cause unjustifiable hardship to the business.

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Adverse action taken against employee for failure to perform duties

Muddying the waters

The general protections provisions under the Fair Work Act 2009 (Cth) (FW Act) make it unlawful for an employer to take adverse action against a person for a prohibited reason.

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Inappropriate workplace behaviour justified summary dismissal

Not on the shop floor

In a clear sign that employers should act on inappropriate behaviour, the Fair Work Commission (FWC) has held that an employee’s dismissal for serious misconduct arising from his unacceptable behaviour was not unfair.

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Facebook and Google’s new workplace dating policy

One strike and you’re out

In a proactive attempt to combat the issue of workplace sexual harassment, Facebook and Google have implemented new policies on dating in the workplace. This new approach adopts a “one strike and you’re out” rule, which states that employees only have one opportunity to ask a co-worker out on a date.

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Assaulted worker denied access to workers comp for baiting and taunting co-worker to breaking point

The last straw

In a recent decision of the Queensland Industrial Relations Commission, a self-insured employer’s decision to deny a worker’s workers compensation claim was upheld on the basis that the worker’s own serious and wilful misconduct lead to his injuries.

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Hammering home that sexual harassment not tolerated

Sexual harassment not tolerated

Last week it was reported that a Bunnings Warehouse (Bunnings) in Melbourne took the unusual step of banning customers (certain tradesmen) from its store for harassing female employees.

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