The Human Rights Commission is holding six formal inquiries into employers' conduct to examine whether they are complying with the positive duty to eliminate s-xual harassment and is monitoring another 18, while it has received 143 complaints of positive duty breaches since December 2023, according to the s-x discrimination commissioner.
Victoria's Allan Government has today promised to introduce the nation's "toughest workplace surveillance protection laws" if it is returned at November's election.
The FWC has rejected a manager's general protections dismissal dispute claim after finding that she waited too long to withdraw a resignation supposedly given "in a state of distress" and holding that the employer's knowledge of her tendency "to make 'emotional' decisions" had no relevance.
A 20-seconds late FWC lodgement has been fatal for a worker who claimed her employer discriminated against her when it dismissed her for refusing to undergo an independent medical examination after she disclosed her neurodiversity.
A judge has rejected a supervisor's claims that managers and colleagues subjected her to years of s-xual harassment and discrimination based on her race, s-x and multiple pregnancies, placing significant weight on her failure to raise complaints with HR.
The FWC has upheld the dismissal of a nurse who attempted to start a competitor to an ANMF branch, finding that he called in sick and used the time to campaign, repeatedly complained about his colleagues and HR without foundation, and had been "indiscriminately rude".
Workplace Relations Minister Amanda Rishworth has made revised regulations to enable state and territory laws dealing with workplace s-xual harassment-related non-disclosure agreements to operate alongside the Fair Work Act, ahead of its response to the AHRC's Speaking from Experience report and a legislative review.
The FWC has backed Amazon's sacking of an injured worker who refused to have an independent medical examination, while another employer's income protection policy has weighed in favour of finding it not unfair to dismiss an incapacitated diesel fitter.
In the first fully contested Federal Court case to consider new s-xual harassment protections in the Fair Work Act, a judge has relied heavily on a FIFO apprentice's dinnertime revelation to her parents that her supervisor asked her for a "bl-w job" to find he s-xually harassed her.
