Browsing: Anti-discrimination and bullying


Abusive out-of-hours texts a sacking offence: FWC

The FWC has backed the Commonwealth Bank's sacking of an "insubordinate" worker who argued it could not discipline him for pummelling his manager with abusive text messages because he sent them outside of working hours.


Commission's "incorrect" advice warrants extension

The FWC has extended time for a worker's general protections application after one of its employees gave her "inappropriate" advice, after which she discontinued her initial claims.


Sting in tail of flex order for defiant WFH worker

The FWC has warned employers against giving "generic and blanket HR answers" when they provide their "reasonable business grounds" for knocking back flexibility requests, before ultimately rejecting a bid from a worker with challenging caring responsibilities to continue working entirely from home.


Proposed Queensland positive duty stronger than Federal equivalent

Legislation introduced recently to Queensland's Parliament imposes a positive duty that goes beyond the Respect@Work model, adds new protected attributes to the Anti-Discrimination Act and improves protections for workers assaulted on the job, but the State union peak body is disappointed it continues to permit religious bodies to discriminate in employment.


Remote manager should rethink message-only communication: FWC

Misinterpretation of "curt or abrupt" messages between a remote manager and worker and "unhelpful" accusations of "frivolous and vexatious" complaints did not amount to bullying, but the manager might have needed support to better supervise his remote team, the FWC has found.



Warning on risks of AI-aided HR and recruitment tools

Artificial intelligence HR and hiring tools pose "significant risks" for workplaces, according to an equality law expert who is calling for an enforceable positive duty on employers, while a recruitment body has told a Senate inquiry there should be an industry standard.


FWC reflects on "window of currency" for valid sacking reasons

In a decision assessing how long a valid reason remains "current", the FWC has overlooked serious procedural deficiencies to back a landscaping business's summary sacking of a gardener almost two months after he called a colleague a "fat exploiter of foreigners".


"Myth" believers have higher propensity to harass: Report

Workers who subscribe to common "sexual harassment myths" are 16 times more likely than others to use digital communications to sexually harass their colleagues, according to a new paper that also suggests that employers had been poorly prepared for related issues arising from the pandemic-driven shift to working from home.


Indigenous "cultural load" recognition gains traction

Most universities now have cultural workload allowances for First Nations employees in their agreements that recognise the often unseen cultural education guidance they provide, with WA's Murdoch University the latest to adopt the entitlement, according to the NTEU.


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