Blog

AHRC Hosts Positive Duty Webinar It’s only two weeks out from when the powers of the AHRC and their positive duty are live on the 12th December 2023. This webinar hosted by the AHRC is a great opportunity to hear what powers the Commission have, how they will use them and how a workplace can […]

Cost Reforms Introduced to Better Protect Applicants in Discrimination Matters On Wednesday this week, the Albanese Government introduced the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023. The bill would implement the Government’s response to Recommendation 25 of the Respect@Work report. The report had previously found that applicants were “often deterred from proceeding to […]

Sydney Jeweller Ordered to Pay Record Amount of General Damages for Sexual Harassment This week, the Federal Court ordered a record amount of general damages in a sexual harassment case in Sydney. Justice Anna Katzmann awarded Fiona Taylor $268,233.64 in damages after she was found to have been sexually harassed by Simon Grew, owner of […]

Public Service Census Finds More than 40% Plan to Leave Agency Within Five Years A State Government survey of public sector workers has revealed that a significant number of employees are planning to quit their agency due to “pressure, bullying and harassment.” The census involved more than 47,000 public sector employees. 10.4% of the workers […]

Two Victorian Hospital Cafes Fined Almost $300,000 For Sexual Harassment of Works Two hospital cafes have been prosecuted by Worksafe and fined almost $300,000 over the sexual harassment of workers in Victoria. The owner of the two coffee shops was convicted on two charges for “failing to ensure a workplace under his control was safe […]

WorkSafe Fines Court Services Victoria $380,000 for ‘Toxic’ Workplace Court Services Victoria (CSV) has been fined $379,157 and convicted this week for failing to provide and maintain a safe workplace. The Melbourne Magistrates Court heard this week that from December 2015 to September 2018, employees at the Coroners Court were “at risk from exposure to […]

Lawyers and Barristers Placed on Notice in Relation to Sexual Harassment The watchdog for the legal profession has warned that barristers and solicitors may face disbarment or losing their right to practice if they fail to take adequate steps to prevent sexual harassment or discrimination of their staff. Practitioners will be closely watched as to […]

Disability Services Minda Incorporated Fined $42,000 Following Sexual Assault of Worker SafeWork South Australia (SA) announced this week that Minda Incorporated (‘Minda’) was fined $42,000 after a worker was sexually and physically assaulted by a youth in their care. The investigation conducted by SafeWork SA found that Minda had “failed to provide a safe system […]

Disability Royal Commission Hands Down Final Report, Makes 222 Recommendations The long-awaited final report from the Disability Royal Commission was released this week following a 4-and-a-half-year investigation into Australia’s disability care sector. The report consists of 12 volumes and suggests 222 recommendations. It is the largest investigation into the experiences of Australians with disabilities. Some […]

Bonuses and Pay Rises Can Be Withheld from Employees and Managers Employers will be able to withhold bonuses and pay rises from managers and employees in order to prevent sexual harassment and discrimination in the workplace. From December, employers have a positive duty to prevent sexual assault, harassment and similar discriminatory behaviour. The legislation shifts […]

Victorian Nurse Suspended for Sexually Harassing Colleagues A Victorian male nurse was suspended this week for a period of 8 months after sexually harassing female colleagues. Stephan Harris was found by the Victorian Civil and Administrative Tribunal (VCAT) to have sexually harassed four women between 2015 and 2019 at a rural hospital. It was alleged […]

WA Statistics Related to Sexual Harassment Complaints In the 2022-23 reporting year the Commission received 31 complaints of sexual harassment in employment, 24 of those were from women. In the complaints received, women told of constant sexualised comments, supervisors trying to kiss them at work functions and receiving a sexualised Secret Santa gift from a […]

Fortescue Metal Groups Dismisses 60 Workers for Bullying, Sexual Harassment and Workplace Misconduct Fortescue Metals Group (FMG) has dismissed approximately sixty workers in relation to bullying, sexual harassment and workplace misconduct over the last financial year. According to FMG’s sustainability report released on Monday, 160 potential code breaches were investigated. 67 of the potential breaches […]

Decrease in Sexual Harassment in Australia, Not Sexual Violence Recent data released by the Australian Bureau of Statistics (ABS) has shown that approximately 1.3 million women and more than 400,000 men have been subjected to sexual harassment in the last 12 months. According to the article, while women mostly reported inappropriate comments in relation to […]

Qantas Pilot Ordered to Re-Write Discrimination and Sexual Harassment Claim This week, a Qantas pilot was ordered by the Federal Court to re-write a part of her discrimination and sexual harassment statement of claim against the airline. Davida Forshaw is claiming that her former employer Qantas airlines discriminated against her based on her sex. In […]

South Australian Barbershop Applies for Exemption from Equal Opportunity Act A barbershop based in Adelaide has applied for an exemption under the Equal Opportunity Act to prevent women from entering the company’s premises. According to the article, the barbershop aims to provide clients with a “male sanctuary,” claiming that it is “Adelaide’s only male only […]

Landmark Report from Board of Inquiry into Bruce Lehrmann Trial Leaked A leaked report from the inquiry into the trial of Bruce Lehrmann has found that the prosecution was properly brought against Mr Lehrmann. However, the report has made findings against the Director of Public Prosecutions Shane Drumgold. According to the article, sources have confirmed […]

Western Australian Government Launches ‘Zero Tolerance’ Project The State Government has granted $100,000 to the Multicultural Services Centre of Western Australia (MSCWA) to deliver a Zero Tolerance program. The program is designed to promote “safe, respectful and inclusive workplaces for culturally and linguistically diverse women.” According to the article, the program will include training that […]

NSW Anti-Discrimination Act Referred to NSW Law Reform Commission Attorney-General Michael Daley has stated this week that he has referred the NSW’s Anti-Discrimination Act 1977 to the NSW Law Reform Commission following increased pressure from civil liberty groups. The legislation will be reviewed to determine whether the discrimination laws made in 1977 remain “fit for […]

Survey Finds Half of Female Engineers Experienced Discrimination and Harassment A recent report published by Professionals Australia has found that over one half of female engineers surveyed in Australia have experienced gender-based discrimination in the last three years. The report involved a survey of over 1,400 engineers across Australia on topics including experiences at work […]

Western Australian Summit Held Next Month After Resources Sector Sexual Misconduct A new summit will be held next month in Perth to address the workplace culture within the Western Australian resources sector. The summit will take place following a recent #MeToo movement across the industry. According to the article, former sex discrimination commissioner Kate Jenkins […]

Legal Practice Board of Western Australia Launches ‘Speak Safely’ for Legal Professionals The Legal Practice Board of Western Australia has released a new online tool for legal professionals to report instances of harassment and inappropriate behaviour within workplaces. According to the article, the new “Speak Safely” program provides an anonymous online portal for legal practitioners […]

David Van Refuses to Resign from Politics Following Sexual Harassment Accusations Senator David Van has refused to resign from federal politics this week following accusations of sexual harassment. According to the article, while Van has refused to resign, he has decided to take leave “for health reasons” and will therefore not be present for the […]

Transgender Guidelines in High-Performance Australian Sport Released The Australian Sports Commission (ASC) has released its inclusion of transgender and gender diverse guidelines for high performing athletes this week. The guidelines serve as a reminder for sport’s governing authorities to obey Australian law and promote a “spirit of inclusion.” According to the article, the new guidelines […]

Secure Jobs Better Pay Changes Commence to Commence 6 June The Fair Work Commission has announced this week the commencement of several changes under the Secure Jobs, Better Pay Act 2022. From 6 June 2023, several changes have come into effect under the new legislation, including alterations to “bargaining, enterprise agreements… disputes about flexible work […]

One in Five Trainee Doctors in South Australia Bullied or Harassed The Australia Medical Association (AMA) South Australia has stated this week that bullying is a significant issue faced by junior doctors in the healthcare sector. According to AMA SA, the issue of bullying is pervasive and can have a detrimental effect on the mental […]

Specialist Detectives Commence Investigation into Alleged Sexual Assault at Mine Site Perth specialist detectives from the sex assault squad have taken carriage of the investigation into the alleged sexual assault at the Roy Hill mine site in Newman. The alleged assault occurred on Friday last week at the Roy Hill Mine Village. The report involved […]

Former FIFO Worker Found Guilty of Raping Colleague at BHP Mine Site Fly-in fly-out (FIFO) worker Ryan Zabaznow was found guilty this week of raping a co-worker at a regional mine site in Western Australia. The case was highly publicised amongst several allegations of sexual harassment in the mining sector. Zabaznow was accused of sexually […]

Former Chief Staffer Sally Rugg Settles Lawsuit Against Monique Ryan Former Chief of Staff Sally Rugg has agreed to a $100,000 settlement in relation to her lawsuit against MP Monique Ryan. The settlement includes no admission by Ryan or by the federal government. The case commenced this year in the federal court by Sally Rugg, […]

Survey Finds 4 out of 10 Workers Bullied in South Australian Local Government A recent survey by the Australian Services Union (ASU) has found that almost 1 in 2 South Australian local government workers have experienced workplace bullying. According to the article, of the 385 local government workers surveyed, 45% of respondents had witnessed bullying […]

Former Melbourne Lord Mayor Robert Doyle Stripped of Order of Australia Title Former Lord Mayor of Melbourne, Robert Doyle, was renounced of his Order of Australia honour this week. Governor General David Hurley terminated the appointment in March this year, with the news released on Friday this week in the Australia Gazette. Mr Doyle resigned […]

Basketball Australia Rules Transgender Athlete Unable to Play Basketball Australia has informed a transgender athlete, Lexi Rodgers, that she is ineligible to play basketball at the elite level this season. Rodgers had attempted to play for the Kilsyth Cobras, a semi-professional league that is below the professional NBL and WBNL teams. Rogers’ case was decided […]

Victorian Government Faces Criticism Over Bullying and Harassment Reforms to WorkCover The Victorian government has faced criticism this week following its announcement to reform WorkCover through the exclusion of workplace bullying and harassment in mental injury claims. The government previously stated last month that WorkCover was “fundamentally broken” and “unsustainable due to the ballooning costs […]

Independent Review Finds Sexual Harassment in Australian Antarctic Division An independent review into the workplace culture at the Australian Antarctic Division (AAD) has uncovered that 24% of female workers have experienced sexual harassment in the workplace. Further, of this 24% who experienced sexual harassment, 55% occurred in Antarctica, with 80% of incidents remaining unreported. The […]

Former Victorian Magistrate ‘Sexually Harassed’ Junior Solicitor A Victorian magistrate has been stood down following allegations he sexually harassed a young solicitor in December of last year. Mr Richard Pithouse resigned on 24 March this year due to concerns made about his “in-court behaviour last September.” According to the article, the former magistrate was alleged […]

Sexual Harassment Widespread in Retail Industry The University of Sydney in partnership with the Australian National University released a new report on 23 March 2023 detailing the experiences of men and women in the Australian retail industry. The retail industry is reportedly Australia’s second largest industry, constituted of approximately 10% of the Australian workforce. The […]

Bruce Lehrmann Testifies before Federal Court Last week, Bruce Lehrmann testified before the Federal Court in relation to an extension of time application. According to the article, the extension of time application is typically required to be filed within a year of the allegedly defamatory publications. Lehrmann’s barrister Steven Whybrow SC stated that the defamatory […]

Network Ten and News Corp Joins Lisa Wilkinson in Bruce Lehrmann Defamation Case Network Ten and News Corp have united with journalist Lisa Wilkinson in relation to Bruce Lehrmann’s defamation trial. The parties are seeking to prove that the former Liberal staffer had raped previous colleague Brittany Higgins in Parliament House. Lehrmann had filed documents […]

Woodside Dismisses Twelve Workers for Misconduct On Monday, Woodside Energy released its 2022 annual report, which provides the results of completed investigations into workplace misconduct. The report reveals that 36 investigations were conducted, resulting in the termination of six employees and six contractors. Further, of these investigations, seven cases were related to sexual harassment and […]

Victorian Worker Wins Sexual Harassment Appeal in Supreme Court of Victoria A Victorian Supreme Court has found that a pay-out of $10,000 following a sexual harassment claim was “inadequate in the extreme.” Ms Leung was found to have been sexually harassed by her manager at Gumboots Australia six times between September 2019 and January 2020. […]

New Report Sheds Light on Workplace Violence and Harassment in Australia A new report released by the Lloyd’s Register Foundation has found that Australia has one of the highest rates of “workplace violence and harassment” in the world, with an average of 49.1% (compared to 21% globally). The Lloyd’s Register Foundation World Risk Poll results […]

Parliament Releases New Code of Conduct to Improve Workplace Safety The Australian Human Rights Commission (AHRC) released a statement this week in support of the introduction of a code of conduct at Parliament House. The endorsed code of conduct creates a standard of behaviour for “all parliamentarians and staffers.” Australia’s Sex Discrimination Commissioner Kate Jenkins […]

Teal Member of Parliament Faces Federal Court Following Employee Allegations Teal MP Monique Ryan has been taken to court by activist and current employee Sally Rugg. Ryan attempted to dismiss Rugg only six months after her employment in her position as chief of staff as Rugg “refused to work ‘unreasonable’ hours.” According to the Fair […]

Virgin Airlines Overturns Unfair Dismissal Decision by the Fair Work Commission Virgin Australia has successfully overturned a decision made by the Fair Work Commission last year in relation to an unfair dismissal case of a former employee. The Full Bench of the Fair Work Commission found that the previous decision dismissing DeVania Blackburn did not […]

More Sexual Harassment Laws Two pieces of significant legislation were quietly assented to in the pre-Christmas rush, which are worth having a look at. Both demonstrate there is a definite shift in the law related to unlawful behaviours from a complaint-based system to one where an organisation must proactively prevent its workers from engaging in […]

Court Orders $53,00 To Former Worker After Sexual Harassment and Racial Discrimination In Workplace VCAT provides yet another example of its firm approach to sexual harassment claims – Lexology Link to case: Kumari v Bervar Pty Ltd (Human Rights) [2023] VCAT 21 (9 January 2023) (austlii.edu.au) judgement: On 9 January 2023, the Victorian Civil and […]

New WHS Changes Ramp Up Gender Equality Measures Recently, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 has been implemented to meet the needs of the modern workplace. The Department of Employment and Workplace Relations stated that the reforms will add “gender identity, intersex status and breastfeeding” to the list of protected […]

Sexual Assault In The Metaverse: Virtual Reality, Real Trauma Last year, Facebook rebranded itself to become Meta. Its new online platform – the metaverse – is creating new challenges for sexual harassment prevention. The metaverse is a virtual space where people can interact using virtual reality and avatars. There have been reports of sexual assault […]

Australia: People Of African Descent Living Under Siege Of Racism, Say UN Experts African people in Australia are exposed to many forms of racial discrimination, xenophobia and systemic racism. This exists in all white dominated spaces in Australia. A group of UN experts came to Australia for an official 10-day visit and expressed serious concern […]

2 Women Sexually Harassed By Late Supreme Court Judge Win Settlement Two women have received settlement after Peter Vickery harassed and discriminated against them. The women made the claims against Vickery, who was a Supreme Court judge in Victoria, in 2020. His inappropriate behaviour included sending sexual poetry and kissing one of the women on […]

Workplace Sexual Harassment Rates Aren’t Getting Better. How Do We Make It Stop? The Australian Human Rights Commission’s new survey reveals that 89% of women, 64% of men and 99% of non-binary people have been harassed at work. The Sex Discrimination Commissioner, Kate Jenkins, is once again calling on employers to better address this issue. […]

Respect at Work Bill Passed • The Government announced the passage of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (‘the Bill’) through Parliament. The Bill has now passed through both house of Parliament and is awaiting Royal Assent. The key amendments are • Positive duty: The introduction of a positive […]

Important Inquiry Shines a Light On Transgender And Gay Hate Crimes The recent mass shooting in Colorado that targeted LGBT+ individuals has aligned with the first week of public hearings for an inquiry into historical hate crimes against the LGBTQI+ community in NSW. The inquiry will examine hate crimes from 1970 to 2010. It is […]

South Australian Magistrate Simon Milazzo Removed From Office Over Sexual Harassment Magistrate Simon Milazzo was removed from office on Thursday after sexually harassing four women at work. The allegations were made last year and Milazzo was immediately suspended with pay. The allegations included Mr Milazzo making homophobic remarks to one employee about how she should […]

National Survey of Mental Health-Related Stigma and Discrimination The results of the National Survey of Mental Health-Related Stigma and Discrimination have been released. The survey was completed in August 2021 by around 8000 participants. The survey included a series of questions on mental health-related discrimination in the workplace. One in three people reported unfair treatment […]

Employers To Be Named for Flouting New Sexual Harassment Laws Attorney-General Mark Dreyfus has announced that employers who do not meet the new laws to prevent sexual harassment will be named by Australia’s new human rights watchdog. The new national law introduces a positive duty for employers to prevent harassment. This is the recent move […]

Sydney University sued by lecturer alleging age, sex and disability discrimination Geoffrey Fripp, a marketing lecturer at the University of Sydney, has commenced an action at the Federal Court for discrimination. Mr Fripp claims he was discriminated on the basis of age, sex and disability in breach of employment law. He is pursuing $526,000 in […]

Is A ‘Neutral’ Workplace Dress Code Discriminatory? Australian commentators have been interested in the recent European Court of Justice decision where a neutral dress code at a workplace was not ruled as direct or indirect discrimination based on religion or belief. The case concerned a Muslim woman wearing a headscarf who was denied interviewing for […]

Going Green for Mental Health On 14 October, staff at the WA Equal Opportunity Commission wore green for mental health awareness. The Commissioner, Dr John Byrne, issued a statement, saying that mental health makes up around 30% of impairment complaints at the Commission. He said that raising awareness on mental health and psychosocial disabilities is […]

‘Punch Her In The …’: Filthy Police Threat Exposed At Inquiry It has been revealed that senior policemen in the Queensland Police helped each other hide sexual assault incidents on junior female officers. The conspiracy came to light during an inquiry into police culture that was made before Judge Deborah Richards. The inquiry focused on […]

Onus On Employers To Eliminate Sexual Misconduct The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 was introduced at Federal Parliament on 27 September. The Bill will implement recommendations 16, 17, 18, 19, 23, 25 and 43 of the Respect@Work report. The Bill will make employers responsible for preventing sexual harassment and […]

McGowan Government Responds To Sexual Harassment Inquiry On 21 September, Premier Mark McGowan released a statement on the WA Government’s response to the inquiry on sexual harassment in the mining industry. The recommendations from Enough is Enough will all be implemented alongside those from the Respect@Work report. Notably, a code of practice will be created […]

Bullying, harassment and exploitation – all in a day’s work in hospitality The University of Queensland released results from a survey it conducted on the hospitality industry. The study involved 400 hospitality employees between late 2021 and early 2022. The study revealed that the industry is rife with sexual harassment, bullying and exploitation. Over 60% […]

Australia: Introducing Positive Duties to Eliminate Sexual Harassment In The Workplace Australia’s federal anti-discrimination laws currently hold employers vicariously liable for unlawful acts of discrimination and harassment by their employees, unless the employer can show that it took all reasonable steps to prevent the act occurring. If you want to know what constitutes all reasonable […]

Poor Management: The Biggest Risk Factor For Workplace Bullying The University of South Australia has released a paper titled Workplace bullying as an organisational problem: Spotlight on people management practices. The paper was led by Professor Michelle Tuckey in collaboration with colleagues from the University of Queensland and Auburn University. The researchers developed a screening […]

Judicial Officer Appropriate Workplace Conduct Policy A statement was released this week by the Courts Administration Authority of South Australia announcing that judicial officers are required to report any consensual relationships with staff. The Courts recognise that judicial officers have a power imbalance with their staff. Therefore, a sexual relationship with another member of staff […]

At Last, WA Equal Opportunity Act has Been Reviewed On 17 August, Western Australian Attorney General John Quigley tabled the review of the Equal Opportunity Act to Parliament. The review was conducted by the Law Reform Commission and began in 2019. WA Premier Mark McGowan announced that Parliament is accepting most of the 163 recommendations. […]

Research Commences For 5th National Survey on Workplace Sexual Harassment Every four years the Australian Human Rights Commission conducts a national survey on sexual harassment in the workplace. The newest survey has just commenced. The data collected is used to inform Australian businesses of the appropriate response to sexual harassment in the workplace. The 2018 […]

Committee Looks to UK For Code Of Conduct Prime Minister Anthony Albanese has promised to draft a code of conduct to implement recommendations from the report made by Sex Discrimination Commissioner Kate Jenkins into parliamentary workplace culture. The federal parliament’s standards committee is in the process of taking submissions for the code of conduct. This […]

Can Employers, Like NRL Clubs, Direct Players In Contradiction To Their Beliefs? This week, seven players from Manly-Warringah Sea Eagles refused to wear the pride jersey that displayed the rainbow flag. The controversy has sparked employment law questions around the extent to which an employer can direct an employee to promote, or be involved in, […]

Is Your Workplace Ready to Protect Against Psychosocial Hazards? The Occupational Health and Safety Regulations in Victoria are expected to come into effect in July 2022. It will introduce new definitions relating to ‘psychosocial hazards’. This will be defined to mean “any factor or factors… that may arise in the working environment and may cause […]

Victoria To Restrict Deals Silencing Sexual Harassment Victims Victoria has accepted and is implementing all 26 recommendations from the ministerial taskforce on sexual harassment in the workplace. Sexual harassment is to be added to industrial laws and made an official occupational health and safety issue. The onus is being put on Victorian businesses to provide […]

Making Businesses Stamp Out Sexual Harassment ‘A No-Brainer’ For Gender Equality Victorian experts have expressed views that many employers are not prepared for legislative changes regarding sexual harassment. Dr Niki Vincent, Victoria’s Commissioner for Gender Equality in the Public Sector has recently said that putting the onus on workplaces to educate and stop the behaviours […]

All-Time High Pay-Out Ordered for Bullied Worker and Adverse Action Claim In the recent Federal Court decision of Leggett v Hawkesbury Race Club, the Court issued its biggest compensation order related to bullying and adverse action. An employee who had worked for the Club for 25 years was deemed to have developed “a very serious […]

Sexual Harassment Against Women in the FIFO Mining Industry The WA parliamentary inquiry into sexual harassment of women in the FIFO mining industry was released on 22 June 2022. The report focuses on sexual harassment and sexual assault on women in FIFO mining settings in WA and has made 24 recommendations of which 15 were […]

Australia: Is Rejecting a Working From Home Request Bullying? In a recent application to the Fair Work Commission, it was concluded that rejecting a working from home request did not amount to bullying. In Application by Dr Veronica Hampson [2022] FWC 935, the Commission found that the supervisor had received advice that the employee was […]

Legal Aid NSW Responds to Allegations Of Racism On 7 June, a 7.30 investigation revealed that multiple lawyers and former employees have accused Legal Aid NSW of racism. In the last 6 years, at least 23 employees from culturally diverse backgrounds have resigned. 7.30 spoke to over 20 current and former employees from Indigenous and […]

High Court finds employer failed to enforce a safe system of work The High Court recently decided in Kozarov v Victoria (Kozarov)1 that some work, by its very nature, puts an employer on notice that an employee may suffer a psychiatric injury as a result of performing the work. Being on notice of such risks […]

New Laws Would Require Employers to Actively Prevent Sex Harassment During the election campaign, Labor committed to implementing legislation that will ratify the 55 recommendations made by Kate Jenkins in the Respect@Work report regarding sexual harassment prevention. Labor is set to amend the Sex Discrimination Act to uphold its election promise. One of the key […]

Sexual Harassment Complaints Up By 25pc, Says Kate Jenkins Sex discrimination commissioner, Kate Jenkins, has warned employers to “get their house in order” to address sexual harassment as employees return to work. Harassment complaints have risen to 25 per cent since the beginning of the pandemic. Kate Jenkins also said that the Australia Human Rights […]

Women Facing Burnout, Stress and More Harassment In The Workplace Deloitte released its Women@Work 2022 report, which revealed that half of Australian women face burnout and higher levels of harassment and microaggressions from colleagues. The survey involved 5000 women in 10 countries. Forty five per cent of women are experiencing low levels of mental health. […]

Female Football Umpires Abused, Harassed, Forced To Change In Front Of Male Colleagues, Report Finds The Australian Football League (AFL) issued a formal apology to female and non-binary umpires after a report was released revealing a pattern of sexual harassment. The acting chief executive, Kylie Rogers, encourages anyone who experiences sexism or harassment to report […]

Former High Court Judge on Sexual Harassment In Law Kenneth Hayne is a former High Court judge and banking royal commissioner. He released a statement this week calling for “cultural change” in the legal profession to address the pervasive issue of sexual harassment. Mr Hayne stated his belief that the toxic culture is deterring people […]

Boss Ordered To Pay $10,000 For Buttock-Slapping Harassment A female employee has been awarded $10,000 in damages after her superior repeatedly slapped her on the buttocks at work. The decision was handed down at the end of March 2022. The Victorian Civil and Administrative Tribunal ordered Billy Cheung to pay damages after finding he had […]

First Imprisonment for Individual PCBU for Industrial Manslaughter The first individual to be convicted in Australia for industrial manslaughter has been sentenced to five years imprisonment. Industrial manslaughter laws exist in Qld, Victoria, ACT, NT and WA. While the conviction related to a death of a volunteer when a load from a fork lift struck […]

Australia’s First National Domestic, Family And Sexual Violence Commissioner On 8 April 2022, the Minister for Women’s Safety announced the first Australian National Domestic, Family and Sexual Violence Commissioner will be Catherine Fitzpatrick. This new role is being created under the new budget to address women’s issues in Australia. The Coalition is pledging $22.4 million […]

High Court Justices to Undertake Annual Harassment, Bullying Training A series of new reforms are being introduced to the High Court in response to the sexual harassment incidents involving former justice, Dyson Heydon. Staff members and associates will have the option to end a contract with a justice involved in sexual harassment complaints. High Court […]

New Targeted Campaign and Support to Help People With Disability Land Jobs On 21 March 2022, the Department of Social Services announced a national employment campaign to promote disability inclusivity. The campaign will engage more than 100,000 people with disability in big Australian businesses. The Minister for Families and Social Services, Anne Ruston, said that […]

Can I Fire an Employee For Their Social Media Posts? Social media and the internet create added challenges for the human resources industry. In 2011, the Fair Work Commission (FWC) confirmed that employers can make employment decisions based on an employee’s personal social media posts. This has been reiterated in the 2022 decision of Corry […]

‘Tired Of Empty Promises’: Powerful Women Join Forces For Change On Sunday 6 March, a dozen Australian, female leaders were featured in a letter and video addressed to the Australian public. Among the leaders were Grace Tame and Brittany Higgins. The message was that it is time to end injustice and inequality. This is paired […]

Boards Central to End Sexual Harassment On 2 March 2022, Kate Jenkins spoke to the importance of boards in preventing sexual harassment in a company. Ms Jenkins is the Sex Discrimination Commissioner. She spoke at the Australian Governance Summit, noting that only 19% of Australian companies recognised the role of the board in being central […]

Office Laptop Complaint Relating to Office To Queensland’s Integrity Commissioner Still Under Investigation The Crime and Corruption Commission (CCC) of Queensland confirmed that it is investigating complaints against the Integrity Commissioner relating to an office laptop. The CCC has received 10 complaints about the Integrity Commissioner, Nikola Stepanov, and her office since October 2020. One […]

Dyson Heydon Victims Secure Settlement Three women who were sexually harassed by former High Court judge, Dyson Heydon, have secured a historic settlement payment. The compensation payouts were awarded in secret to the victims, Rachel Patterson Collins, Chelsea Tabart and Alex Eggerking. The payment packages are reported to have exceeded more than a million dollars. […]

Westpac Manager Fired for Two Second Touch to Female Colleagues Bottom In a landmark decision by the Fair Work Commission, Deputy President Binet upheld a sacking by Westpac of one of their senior managers, with a 35-year unblemished record, for touching the bottom of a junior female staff member at after work drinks. CCTV footage […]

Rio Tinto Admits Culture Of ‘Bullying, Sexual Harassment, Racism’ On 1 February 2022, Rio Tinto published an internal report that confirmed that sexual assault, bullying and racial discrimination are widespread throughout the company. 21 women had reported actual or attempted rape or sexual assault in the last five years. One third of women employed said […]

Football Australia Fines Melbourne Victory $5000 For Slurs Directed at Adelaide United’s Josh Cavallo Melbourne Victory has been fined $5000 over an incident where Victory fans directed homophobic slurs at Adelaide United’s player, Josh Cavallo. Melbourne Victory was deemed to be in breach of Football Australia’s National Code of Conduct and Ethics. Football Australia reiterated […]

‘Rude And Disruptive’ Employee Loses Bullying Claim An employee’s recent application for unfair dismissal based on bullying allegations was dismissed on the basis that his manager’s behaviour constituted reasonable management action. The employee was an account manager tasked to manage business customers. He was subject to performance indicators, including a target number of calls to […]

Melbourne Victory Handed Show Cause Notice After Josh Cavallo Calls Out Homophobic Abuse Football Australia has responded to an incident at the last A-League Men match, which involved Melbourne Victory supporters directing homophobic abuse at Josh Cavallo. The Adelaide United player is the only out gay player in top-tier men’s soccer worldwide. Football Australia handed […]

Victoria Mandating Gender Quotas on Construction Industry Is A ‘Good Start’ Victoria is implementing a mandatory quota that will ensure that women make up at least 35 per cent of management roles in government projects. The decision has been welcomed by organisations that advocate for gender equality. Notably, the Chair of the National Association of […]

‘Shit In Me Boots’: Docks Worker Nicknamed ‘Rat Dog’ Loses Bullying Case The Victorian County Court recently ruled against a plaintiff (Melbourne dock worker) in a workplace bullying case. The plaintiff’s claim was brought in negligence and in contract. He says that in the course of his employment with the defendant (P&O Ports), and from […]

Senior APS Managers Encouraged to Attend Sexual Harassment Prevention Workshops This week, the work health and safety regulator for the federal government encouraged senior public servants to participate in sexual harassment training. The recommendation came after the Australian Public Service (APS) Commission released its State of Service report. The report showed that sexual harassment had […]

Morrison Government to Take Action On Jenkins Inquiry Into Toxic Culture Before Parliament Returns The finance minister, Simon Birmingham, has announced a timeline for implementing recommendations from the Jenkins review that highlighted toxic behaviours in federal parliament. The 2 recommendations being implemented are to establish a leadership taskforce and develop a statement on workplace trauma. […]

MP Hails Action on Assaults Deputy Liberal leader, Libby Mettam, has spoken out on the sexual harassment within the mining sector. She said she is happy that Bill Johnston, Mines Minister, has instructed his department to “do their job”. This comes after his office attempted to minimise rape allegations. Secret emails sent from Mr Johnston’s […]

Review Finds 1 In 3 Staff in Federal Parliament Experience Sexual Harassment Sex Discrimination Commissioner, Kate Jenkins, conducted a review into sexual harassment in federal parliament. The findings show that one in three employees have experienced a form of sexual harassment. The review began in response to rape allegations made by Brittany Higgins. Ms Higgins […]

Half of Men in Corporate Australia Are Fatigued by Gender Equality The results of a survey have been released, revealing that half of men working in corporate professions believe that reverse gender discrimination is occurring. Almost half of the men interviewed believe that there is too much discussion on gender equality in the workplace. The […]

Guide To Addressing Spectator Racism in Sports (2021) On 17 November 2021, the Australian Human Rights Commission released its Spectator Racism Guidelines. The document was released to address racial abuse from sporting crowds. It is part of the broader effort to eliminate racism from sport and broader Australian culture. The creation of the Guidelines was […]

Workers Can Now Apply For ‘Stop Orders’ for Sexual Harassment On 11 November 2021, changes to the Fair Work Act 2009 came into effect. The changes allow for employees to apply to the Fair Work Commission for an order to stop sexual harassment occurring in the workplace. The idea of a ‘stop order’ was suggested […]

It’s Time for the AFL to Implement a No-Fault Stand-Down Policy The Australian Football League (AFL) has been called to implement a policy that will automatically stand down players that have been accused of committing an act of violence against women. This conversation was sparked by the recent charging of Jordan de Goey in New […]

South Australia to Introduce New Bill to Ban Harassment in Parliament South Australia is expected to pass a new code of conduct through both houses in parliament next week. The code of conduct will officially prevent harassment within parliament. The proposed code addresses five key areas: conflicts of interest, gifts, public resources, confidentiality, and standards […]

WA Labor to Introduce New Legislation to Address Workplace Bullying and Sexual Harassment On 20 October 2021, the McGowan Government announced it was introducing the Industrial Relations Legislation Amendment Bill 2021 to improve employment protections. Among the changes is a new framework to address bullying and sexual harassment. The Bill will allow the WA Industrial […]

Sony Music Fires Chief Executive, Denis Handlin, After Allegations Of Bullying, Discrimination and Misconduct Four Corners released an exposé on Sony Music Australia and revealed its workplace history of bullying, gender discrimination and misconduct. Over 100 current and former employees have spoken out on bullying, discrimination and misconduct experienced during their employment at Sony Music. […]

AFP Officer Not Double Dipping Ms Friend was employed by the Australian Federal Police since 2006. In late 2013, she was diagnosed with severe depression, anxiety and PTSD. In 2014, she submitted a worker’s compensation claim for gastritis, irritable bowel syndrome and a psychological condition she attributed to prolonged harassment and bullying from her supervisor. […]

Mandatory Vaccines “Discriminatory”, Queensland Police Officers’ Lawyer Says A lawyer for 50 Queensland Police Service employees has written to Police Commissioner Katarina Carroll claiming the vaccine mandate is discriminatory and breaches the workplace award. The letter claims that the members of the group ‘object to the directive and prospective changes in conditions of their employment […]

Dozens of Sexual Harassment Allegations Against Public Sector Employees During the Budget Estimates hearing this week, Premier Mark McGowan has revealed the number of complaints of bullying and harassment received against public sector employees. Mr McGowan said 36 sexual harassment allegations had been made in the past 12 months. Of these allegations, 14 were substantiated […]

New Sex Discrimination Act Leaves Volunteers Behind Pro Bono Australia has said that new changes to the Sex Discrimination Act may leave volunteers behind. While some volunteers and unpaid workers will be covered by federal legal protection against sexual harassment, the rules do not apply to volunteer run organisations. The term ‘employee’ has been replaced […]

Unfair Dismissal for Harassing Customer: Bridge v Globe Bottleshops [2011] FWC 3253 The applicant was dismissed by their employer for serious misconduct involving harassment in breach of the respondent’s safe workplace policy following a customer complaint. The customer alleged that the applicant made comments of a sexual nature towards her. The respondent decided to dismiss […]

Views Sought for Anti-Discrimination Law Reform Western Australian Attorney-General John Quigley is encouraging submissions on Western Australia’s anti-discrimination laws. The Law Reform Commission released a discussion paper this week as part of its review of the Equal Opportunity Act 1984 (WA). It suggests that more can be done to protect and encourage equal treatment to […]

Stamping Out Sexual Harassment in Elite Private Boys’ Schools A study by Monash University has found that female teachers in elite private boys’ schools are vulnerable to sexual harassment due to the school’s status and unique constructs. The study was conducted by researchers in the Faculty of Education. They interviewed 32 female teachers from three […]

Female FIFO Workers Sexually Assaulted, Harassed The Australian Workers Union and the Mining and Energy Union have released the results of a survey of 425 fly-in fly-out workers, including 125 women, as part of their submission to a state parliamentary inquiry into sexual harassment in the mining industry. The report revealed one in five women […]

Sexual Harassment Damages Increased The President of the Industrial Court of Queensland has increased the compensation for a woman who suffered sexual harassment and discrimination at the hands of her employer, describing the initial sum as “manifestly inadequate.” President Davis set aside the initial award from the Queensland Industrial Relations Commission, replacing it with an […]

Brittany Higgins Alleged Attacker to Face Court The ACT Police have served a summons on a 26 year-old man accused of allegedly sexually assaulting former government staffer, Brittany Higgins. The man will face one charge of sexual intercourse without consent at Parliament House on March 23 2019. The charge carries a maximum penalty of 12 […]

Performance Management was not Bullying: No Constructive Dismissal due to Resignation The Fair Work Commission has dismissed an application by an employee alleging that performance improvement plan and warning letters amounted to bullying. Christopher Burgess applied to the Commission under s394 of the Fair Work Act for an unfair dismissal remedy in relation to Optus. […]

Companies Must Have a Duty to Eliminate Sexual Harassment: Kate Jenkins The Sex Discrimination Commissioner, Kate Jenkins, has called on the government to impose a positive duty on employers to take reasonable steps to eliminate sexual harassment in the workplace. The interim report on the inquiry into Parliament House culture urged the government to implement […]

Federal Parliament’s Sexual Harassment Training for Politicians Will Be One Hour and Optional The Community and Public Sector Union has condemned the proposal for one-hour training for Australia’s federal members of parliament as a “tick and flick exercise.” Details obtained from tender documents have revealed that Government is seeking an organisation to provide training covering […]

Tasmanian Labor Leader Resigns Amid Sexual Harassment Investigation David Byrne has resigned as Tasmanian Labor leader following an allegation that he sexually harassed a junior union employee when she worked for him in 2007 and 2008. In a statement on Sunday, Mr O’Byrne said that the “allegations raised will be dealt with through a confidential […]

Five Allegations of Sexual Assault Made on WA Mine-Sites In 2021 The Department of Mines, Industry Regulation and Safety has revealed statistics showing that five allegations of sexual assault on WA mine sites have been made this year, with a further six reports of sexual harassment. Mining operators are required to report such workplace incidents […]

Respect@Work Recommendations to be Implemented in New Bill Introduced in Parliament A bill to amend the Sex Discrimination Act 1984 (Cth), the Fair Work Act 2009 (Cth) and the Australian Human Rights Commission Act 1986 (Cth) has been introduced into the Senate. The bill implements some of the recommendations from the Respect@Work report, and intends […]

ASX 200 Failing on Harassment A new survey conducted by the Australian Human Rights Commission on behalf of investment group, Australian Council of Superannuation Investors, has found only 19 per cent of ASX 200 companies believe the board was primarily responsible for writing of policies governing sexual harassment and responses to these issues, with the […]

Safe Work Australia Releases Sixth Annual National Statement Identifying Trends in Pscyhosocial Health and Safety and Bullying in Australian Workplaces Safe Work Australia has released their sixth annual national statement which identifies trends in psychosocial health and safety and bullying in Australia workplaces. The statement is comprised of data from accepted workers’ compensation claims caused […]

Foster Review Finds Incidents Reporting Systems Deficient The Foster Review into parliamentary workplaces has found its processes are not designed or able to appropriately deal with bullying, assault or sexual assault. The review, conducted by deputy secretary of the Department of Prime Minister and Cabinet, Stephanie Foster, found 76 complaints across four years were made […]

Australia Post Senate Inquiry Report Released, Recommending that the PM Apologise to Christine Holgate The report of the Senate Committee Inquiry into Australia Post and the ousting of Christine Holgate over Cartier watches had been published, listing 25 recommendations. Among them is a recommendation that the Australia Post Board, Shareholder Ministers and the Prime Minister […]

Commonwealth Parliamentary Review Now Open for Submissions And Interviews The Australian Human Rights Commission has begun inviting contributions to its Independent Review into Commonwealth Parliamentary Workplaces. The Review will consider the workplace culture of Commonwealth parliamentary workplaces and will deliver its findings in November 2021. The Commission is welcoming contributions from people who work or […]

Women Get $3.4bn For Jobs, Domestic Violence And Sexual Harassment The Federal Government this week announced a $3.4 billion fund to get mothers back into jobs, support those fleeing domestic violence and tackle sexual harassment in the workplace. The women’s budget statement included $20.5 million to implement recommendations from the Sex Discrimination Commissioner Kate Jenkin’s […]

CPSU Survey Finds Most Sexual Harassment in the Public Service Goes Unreported A significant proportion of public servants have experienced or witnessed sexual harassment in their workplace, but most don’t report it, according to a new survey from their union. The Commonwealth and Public Sector Union survey found 16 per cent of respondents had experienced […]

‘Misogynists, Egotistical Bullies’ Revealed in Aviation Firefighting Review Victoria’s aviation firefighting agencies are being urged to clean up a negative culture within their ranks, with some staff accused of running a boys’ club and bullying colleagues, even during emergency situations. An external investigation was undertaken into the state’s aviation firefighting units after years of bullying […]

‘Bizarre’: Government’s ‘Milkshake’ Sex Consent Video Slammed Politicians have ridiculed the federal government’s new sex education and consent campaign, claiming the “tortured metaphors” of milkshakes, tacos and sharks are too confusing to lead to any real change on assault. It comes after weeks of sustained pressure of the Morrison government over its handling of a […]

Councillor, Sandy Grekas, on Gender Abuse and Harassment in Local Government Female councillors have today spoken out about how the toxic workplace culture inside federal and NSW Parliaments is replicated at a local level and is a disincentive for women to enter local government. According to The Sydney Morning Herald, female councillors face a barrage […]

PM Convenes First Women’s Cabinet Meeting Prime Minister Scott Morrison brought together senior colleagues this week at the first meeting of the new cabinet women’s task force. Minister for Women Marise Payne, who co-chaired the inaugural meeting in Canberra, said the group’s priority would be responding to the Respect at Work report. The report was […]

Ministers Get New Cabinet Roles In response to the series of scandals relating to the treatment of women within Parliament house, Prime Minister Scott Morrison has announced a cabinet reshuffle. Christian Porter has been made Industry minister while Peter Dutton will replace Linda Reynolds in the defence portfolio. Senator Reynolds, who is on medical leave, […]

Images Show Senior Government Staff Performing Sex Acts at Parliament House A Liberal staffer has been sacked after a leak of images and videos of male senior government staff performing sex acts in Parliament House. The Prime Minister said it was “not good enough” and “totally unacceptable” after the graphic images and videos of staff […]

Australia Marches Against Sexual Assault and Harassment of women Tens of thousands of people have turned out to marches across Australia, protesting against the sexual abuse and harassment of women in the country. They were spurred by a recent wave of allegations of sexual assault, centred around Australia’s parliament. Protesters feel the government’s response to […]

Woman Fired After Reporting Horror Sexual Harassment from Boss Jessica, whose name has been changed for privacy reasons, worked at a Sydney-based creative company. She was sexually harassed by her boss and reported it to her workplace, only to be terminated two months later. She described the workplace as being toxic from her very first […]

Workplace Lawsuit Against Two Cabinet Ministers Looms Two federal government ministers are facing legal action over the treatment of a former staff member, Rachelle Miller. The legal action is focused on the period Ms Miller worked for Alan Tudge when he was human services minister, and for Michaelia Cash when she was jobs and innovation […]

Insiders’ View: ‘The Only Choice is to Put up With it or Leave’ In the wake of Brittany Higgins exposing her alleged sexual assault inside Parliament House,Parliamentarians from across the political spectrum say they want a review of the culture in their workplace. Although this is a positive step, tangible change requires acknowledgement of all […]

Safe Work Australia Releases Guide for PCBUs on Preventing Sexual Harassment in the Workplace Safe Work Australia has released a new work health and safety (WHS) guide to assist persons conducting a business or undertaking (PCBUs) to prevent sexual harassment in the workplace. The Preventing Workplace Sexual Harassment Guide provides practical guidance to help PCBUs […]

Deloitte Expects Partners Will Retire at 62 According to documents filed in the Federal Courts as part of an age discrimination case, Deloitte has an expectation that partners with retire at 62 years of age. The expectation is specified by the firm not to mean that partners are obliged to do so, but employment lawyers […]

Preventing Workplace Sexual Harassment, Violence and Aggression New national work health and safety guidance has been developed by Safe Work Australia to help businesses prevent workplace sexual harassment, violence and aggression. These new guidelines are a response to The Australian Human Rights Commission’s report on sexual harassment in Australian workplaces, which highlighted its prevalence, and […]

No Evidence for Disability Discrimination Claim for Fired Employee Daniel Whipps, the warehouse worker who was sacked for allegedly masturbating at work, has lost his discrimination challenge with Battery Store Australia. Whipps, who worked at the Battery Store warehouse in Townsville, was caught on company CCTV in 2018 with a mobile phone in his right […]

Sexual Harassment Claims by ‘More Feminine’ Women Believed More Often than Less Feminine Women! A new study, published in the Journal of Personality and Social Psychology, found that perceptions of a woman’s femininity and attractiveness influence whether claims of sexual harassment are believed. The study found that ‘prototypical’ women who appear and act more feminine […]

Sexual Harassment Claim Lodged in the Federal Court Against IOOF A former executive of wealth manager IOOF has accused the deputy chief investment officer and head of equities, Stanley Ye, of sexual harassment. In pleadings lodged with the Federal Court last month, the female executive alleged that Mr Yeo sexually harassed her on three occasions, […]

BHP on Target for Gender Balance BHP’s chief executive Mike Henry has said that the nation’s largest miner has ‘made significant advances in it’s push to break the industry’s acute workforce gender imbalance by lifting the number of women it has hired or promoted.’ This was a target the industry leading mining company set for […]

ACT Law Society Created Specific System for Sexual Harassment Complaints On advice from a working group set up in the wake of the Dyson Heydon scandal, the ACT Law Society has committed to establishing a system specifically for sexual harassment complaints within the legal profession. The system will connect ACT legal practitioners with a confidant […]

Legal Action Against NSW Health Related to Toxic Culture Karen Allen and John Greville have commenced legal action against NSW Health over what they claim is a ‘flawed and toxic’ work culture. The two former senior employees of NSW Health at the Mid-North Coast Local Health District (MNCLHD) claim they were punished for speaking up […]

McLachlan’s Criminal Charges Dropped Due to Issue of Consent Melbourne magistrate Belinda Wallington has dismissed all 13 charges of indecent assault against Australian actor Craig McLachlan. The 55-year-old was charged with seven counts of indecent assault and six of common law assault against four female co-stars. While magistrate Belinda Wallington made it known that the […]

25% Victorian Local Government Employees Have been Sexually Harassed in the Last 12 Months A new report conducted by the Victorian Auditor General’s Office (VAGO) has found that more than one in four employees of Victorian councils have been sexually harassed in the last 12 months. The VAGO’s audit of five councils and nearly 10,000 […]

Former One Nation Senator Accused of Sexual Harassment Former One Nation Senator Brian Burston has been accused of sexual harassing an ex-staffer. Burston is now fighting the significant compensation claim. Morrison Government Furious with ABC Communications Minister Paul Fletcher has demanded the ABC to explain how the explosive Four Corners report, ‘Inside the Canberra Bubble’, […]

Local Council Granted Exemption to Get Women into Truck Driving Roles The Ipswich City Council in Queensland has successfully applied for an exemption under the Anti-Discrimination Act 1991 (QLD). The exemption will allow the Ipswich Council to target women specifically for Waste Services Truck Driver jobs and assist them in gaining their Heavy Rigid (HR) […]

Strong Workplace Racism Experienced by Aboriginal and Torres Strait Islander People The Diversity Council of Australia and the University of Technology Sydney’s Jumbunna Institute for Indigenous Education and Research have just published the much-anticipated Gari Yala report. The report surveyed 1,033 Aboriginal and Torres Strait Islander people from around the country about their experiences in […]

ABC Exposes Christian Porter and Alan Tudge’s Inappropriate Behaviour An ABC’s Four Corners report has exposed the bedroom misdeeds of Australia’s Attorney-General Christian Porter and Acting Immigration Minister Alan Tudge. The program exposed that Tudge engaged in an extramarital affair with his press secretary and Porter allegedly engaged in a pattern of sleazy behaviour dating […]

Bullying/Stress Claims for Health Professionals Related to COVID-19 Safe Work Australia has revealed that 533 teachers, nurses and public servants have claimed COVID-19 stress compensation, prompted by bullying, being overworked and anxiety. Asian Australians Facing More Race Discrimination Since Covid-19 The Australian National University’s Centre for Social Research Methods and Centre for Asian-Australian Leadership (CAAL) […]

Class is Strongest Indicator of Workplace Inclusion New research conducted by Diversity Council Australia (DCA) has found that ‘class’ is the strongest indicator of workers’ experience of inclusion at work and the indicator most strongly linked to exclusion. Based on survey results of over 3,000 Australian workers, the study looked at nine diversity indicators. These […]

Adult Cyber Abuse Increased by 87% since COVID-19 Since COVID-19, Australia has experienced an 87% increase in adult cyber abuse reports, compared to the 2019 average. A significant number complaints involve ‘being sent unwanted messages, receiving inappropriate content such as pornography or violent content, or being electronically tracked without consent. Federation University Australia senior cyber […]

Allianz Report Shows Psychological WC Claims Increased by 80% Since 2017 A report by Allianz has found that the cost of psychological workers compensation claims has increased by 80% since 2017. The Allianz Future Thriving Workplaces report found that the behaviours employees claim most negatively influenced their mental health are: • Ineffective or unfair management […]

Increase in Sexual Harassment Complaints Since Covid-19 According to HCA Mag, the number of sexual harassment complaints has risen since the pandemic. Victoria, the state hit hardest by COVID-19, has seen one of the biggest increases in sexual harassment complaints, with reports up six per cent in the past twelve months. Commentators have speculated that […]

Employer Terminates Employment of Employee for Unrelated “Vile” Personal Messages A male employee at logistics firm Invenco has been fired after bullying and harassment of a woman he met over the dating app, Tinder. Thomas McGuirk sent 26-year-old Ebonie Sanderson ‘vile’ audio messages after she declined to meet him for sex. McGuirk labelled Sanderson a […]

COVID-19 Related Discrimination Claim Northern Mining and NSW Energy District have made a discrimination claim against BHP and Chandler Macleod. The Union argues that both BHP and Chandler Macleod contravened the Fair Work Act 2009 (Cth) by excluding employees from the workplace on the basis of their race, age and physical disability. Northern Mining and […]

A Call to Make Sexual Harassment a Criminal Offence Commentators are calling for sexual harassment to be dealt with as a crime. Currently, sexual harassment is a legal wrong that gives its victims an entitlement to sue for damages. In other words, sexual harassment carries the same culpability as unfair dismissal, discrimination and bullying claims. […]

Australia’s First Claim For ‘Reproductive Leave’ Gets ACTU Backing Victoria’s Health and Community Services Union (VHCSU) is pushing for employers to grant leave and flexibility around reproductive health issues. Australian Council of Trade Unions (ACTU) president, Michele O’Neil, has stood in support of the claim that employees undergoing treatments – such as assisted reproduction, termination […]

Workplace Sexual Harassment is a Health and Safety Issue In light of the Boe Pahari scandal, commentators have come out to oppose Australia’s current sexual harassment policies. The Australian Human Rights Commission (AHRC) in its 2019 National Inquiry into Sexual Harassment found that Australia’s policies are reactive. Sexual harassment policies in Australia focus on complaint […]

Gymnastics Australia Inquiry Set to Reveal Spectrum of Abuse Allegations The Human Rights Commission is conducting an independent review into Gymnastics Australia. The review follows the ‘Athlete A’ documentary, which exposed systemic instances of sexual abuse within the sport across the United States. The documentary saw dozens of Australian gymnasts to speak up about their […]

AMP shareholders Speak Out About Previous Handling of Sexual Harassment Complaint A week ago, Julia Szlakowski, a former AMP executive who was sexually harassed in 2017, by her then boss, Boe Pahari, spoke out for the first time to express anger that he was promoted to chief executive of AMP Capital while she had been […]

Report Into Dysfunction at the City of Perth Made Public After a two year investigation, the WA state government has released its 2000-page report into the City of Perth Council. The report found 250 instances of ‘poor governance, factionalism, greed and incompetence.’ Local Government Minister David Templeman said the inquiry also identified 135 matters that […]

Age Discrimination Alleged Against Deloitte A Deloitte Australia partner is suing the professional services firm and its CEO Richard Deutsch after he was allegedly directed to leave the partnership following his 62nd birthday. In the age discrimination claim, Deloitte Australia partner Colin Brown, 64, claims the firm illegally forced him out of the lucrative partnership […]

Workplace Massage Justifies Summary Dismissal, Says FWC The Fair Work Commission (FWC) has upheld the summary dismissal of a cleaning company employee who agreed to massage a schoolteacher. The cleaning company, Bright Lightz Cleaning, dismissed Ms Jennifer Fauni under the Small Business Fair Dismissal Code after she squeezed the teacher’s back with her hands for […]

Research Shows Performance Management Can Lead to Bullying Claims Michelle Tuckey, professor of work and organisational psychology at the University of South Australia, said that ‘performance management’ is a ‘breeding ground’ for bullying claims against managers. Performance management occurs when a manager or supervisor gives feedback on an employee’s performance. Tuckey’s research ‘analysed 342 bullying […]

Victoria Decides to Review Lawyers Conduct in Relation to Sexual Harassment Victorian Chief Justice Anne Ferguson has initiated a review into the culture at Victorian law firms and courts. The review, which aims to address issues of sexual harassment across the profession, is set to be led by former commissioner of the Victorian Equal Opportunity […]

University Researchers Warn There are Barriers in the Workplace That Prevent an Employee from Complaining about Sexual Harassment Researchers Dominique Allen and Adriana Orifici from Monash Business School have warned that there are barriers in the legal system that prevents women from complaining about sexual harassment. Orifici and Allen said that recent allegations against Mr […]

Recent Survey Shows Australia is not in the Top 10 Most Inclusive Workplaces in the World The Instant Group has published data on which countries have the most inclusive workplaces based on the newly developed Kantar Inclusion Index. The top ten countries ranked most inclusive were: Canada, USA, Germany, Italy, Spain, the Netherlands, Brazil, the […]

Inquiry Finds Judge Dyson Sexually Harassed 6 Female Associates The legal profession was rocked this week after an inquiry found that legal heavyweight Dyson Heydon sexually harassed six High Court Associates. The High Court commissioned the independent inquiry into the now disgraced judge following allegations that he acted inappropriately towards his young female assistants. Rachael […]

Bullying Allegations by Former CEO of Cockburn Dismissed by Fair Work The Fair Work Commission (FWC) recently dismissed a bullying claim by former Cockburn chief executive officer (CEO), Stephen Cain. Mr Cain applied to the FWC for an anti-bullying order against the Cockburn City Mayor, councillors Lee-Anne Smith and Kevin Allen and interim CEO Stuart […]

First Legal Service for Transgender People Set up The Roberta Perkins Law Project, Australia’s first trans-led legal service for trans and gender diverse people already has a sizeable client base, with people seeking advice over the government’s proposed religious discrimination legislation. Named in honour of the transgender and sex worker legal advocate who died in […]

Fair Work Commission Says Employee Used Stop Bullying Order to Deflect Justifiable Action by Employer In the recent decision of Tanka Jang Karki [2019] FWC 3147, Fair Work Commission Deputy President Sams warned that employees are applying for ‘stop bullying orders’ ‘as a deflection, or diversion, or even to overturn a justified disciplinary action.’ The […]

People with a Disability Become Entrepreneurs as a Way to Secure Work A new study by UTS Business School has found that people with disabilities are approximately 40% more likely to be self-employed. The recent Entrepreneurs with Disability Report analysed Australian Bureau of Statistics (ABS) data and surveyed 160 self-employed people with a disability. It […]

McDonald’s Being Sued Globally For Sexual Harassment The International Union of Foodworkers (IUF) has filed a lawsuit against global fast-food chain McDonald’s, alleging sexual harassment on an international scale. In proceedings commenced in the Netherlands, the IUF detailed allegations of ‘attempted rape, indecent exposure, groping, and sexual offers’ against the global company. The Union claimed […]

School Principals Experience High Rates of Bullying and Workplace Violence The latest report by Health & Wellbeing has provided a sobering picture of Australia’s treatment of school principals. Over the last nine years, the survey has examined issues of bullying, physical violence, gossip and slander, sexual harassment, threats of violence and verbal harassment toward school […]

Higher Standard of Email Etiquette Expected From Now On With social distancing restrictions easing across much of Australia, a big question remains: what will life be like when we return to normal? Dave Cook, a PhD Researcher of Anthropology at University College London, has attempted to answer this question by identifying five big trends he […]

Investigation Finds Allegations Proven Against WA branch of Education Union An investigation into the Independent Education Union of Australia (IEUA) has found that WA branch secretary Angela Briant has left the organisation open to legal action. Ms Briant, one of WA’s highest-paid union secretaries, has faced allegations of bullying, improperly incurred expenses, and conflicts of […]

Horrific Allegations of Bullying for Employee Who Continued to Work Through a Union Strike A foreman at DP World Australia’s Melbourne port is suing his former employer for failing to prevent bullying and abuse. Michael Crompton, who worked at DP World during a union strike, was assured by management he would be looked after if […]

Corona Virus Likely to Negatively Impact Older Employees Looking for Job APAC economist Callam Pickering said that while Australia’s lockdown restrictions are likely to ease in the foreseeable future, coronavirus will leave Australia’s economy weak, with anaemic growth for years to come. Pickering observed that a recession seems almost certain at this stage. Notably, the […]

Report Says, Discrimination Against LGBTIQ+ Still Prevalent A new report, prepared and endorsed by 202 NGOs across the country, has found that despite reforms, discrimination against LGBTIQ+ persons remain prevalent. Edwina MacDonald, Legal Director at the Human Rights Law Centre and one of the report’s coordinators, said that the report ‘provides a snapshot of the […]

Australian Human Rights Commission Releases Respect@Work Report The Australian Human Rights Commission (AHRC) has recently released the Respect@Work report – an analysis of sexual harassment in the workplace. Sex Discrimination Commissioner Kate Jenkins, remarking on the report’s findings, said it was ‘deeply disappointing’ Australia still had major changes to make. Special counsel for Shine Lawyers, […]

Coronavirus and Discrimination Laws Law firm Gilchrist Connell has published an information sheet updating employers on their rights amid the COVID-19 pandemic. The information sheet, authored by solicitors Joel Zyngier, James Duffy and Sarah Wood, answered the following: Do Employers Have to Allow Employees to Work from Home? What Are Their Obligations to Employees When […]

Be Aware of Racism in the Midst of the Coronavirus Helen De Cieri, a management professor at Monash University Business School, has said that managers play a crucial role in allaying fears and creating inclusive workplaces amid the COVID-19 crisis. Since the start of the outbreak, Australia has seen a rise in racism against people […]

Behavioural Change at South Australian Police The South Australia Equal Opportunity Commission has released its final report into the South Australian Police (SAPOL). Commissioner Dr Niki Vincent wrote that the report focused on how SAPOL has changed perceptions and implemented practices to support gender equality and cultural change. The review was initiated by Commissioner of […]

Communal Language of ‘We’ and ‘Us’ in Codes Result in More Breaches A recent study conducted by researchers at Harvard Business School and Bar-Ilan University found that employee’s willingness to comply with codes of conduct depends, in part, on their drafting. To determine how effective codes of conduct are in curbing unethical behaviour, the team […]

Unions and Employers Join Forces To Oppose Religious Freedom Bill In a rare showing, Australian unions and employers have combined forces to oppose the Morrison government’s controversial religious freedom bill, fearing that it will disrupt workplaces and pit employees of different religious backgrounds against each other. In a joint letter to Attorney-General Christian Porter this […]

Ex-Sephora Employee Creates Website Highlighting Bullying Allegations at Company An ex-Sephora employee has levelled bullying allegations against the beauty giant, after publishing detailed reports on incidents at its prominent Highpoint store in Melbourne. The allegations were published to the website ‘Working at Sephora’ by former sales consultant ‘Liam’ and his partner ‘Jack’, who used pseudonyms […]

Damning Bullying Allegations Against Royal Australasian College of Physicians Victorian doctor, Professor Paul Komesaroff, has launched damning allegations against the Royal Australasian College of Physicians (RACP), claiming that a whistle-blower was dismissed by the college. In a series of eight reports lodged to the Australian Securities and Investment Commission (ASIC), Komesaroff highlighted issues of bullying […]

Issue Over Qantas Suspending a Cleaner for Refusing to Clean a Plane from China Australian airline Qantas has faced backlash after it suspended an employee who refused to clean a flight over fears of contracting coronavirus. The cleaner, who refused to board the plane from Beijing, was ‘stood down’ by the airline without pay, pending […]

Independent Commission Identifies Corrupt and Bullying Culture at SA Health CEO of SA Health, Christ McGowen, has told staff that the Government Department will adopt a ‘truly open and accountable culture,’ following concerns raised by an Independent Commission Against Corruption (ICAC) report. Dr McGowan declared that ‘a line in the sand will be drawn’ following […]

A recent report published by the New South Wales Audit Office has found that overtime payouts to NSW paramedics have ballooned from $74.8 million in 2017–18 to $83.1 million in 2018–19. The report found that overtime now comprises almost 10 per cent of total NSW Ambulance salary and wages.

Beneficial Flirting in the Workplace? A new study conducted by researchers at Washington State University (WSU) has found that casual flirting between co-workers has beneficial effects on stress levels. The study examined the impact of workplace flirtation between co-workers and found that behaviours, such as light-hearted banter, helped relieve stress. Leah Sheppard, professor at WSU […]

Alleged Unfair Dismissal Related to Mental Health Disclosure Josephine Willis, has launched unfair dismissal proceedings against global technology company, Cyara Solutions, alleging a boy’s club culture and workplace toxicity. Willis was headhunted by the company – which tests for customer satisfaction – in 2016 and was employed as its regional general manager in both Australia […]

Male MP Slapped Female MP on her Rear South Australian Liberal MP, Sam Duluk, has stepped down from the Economics and Finance parliamentary committee after being accused of sexually harassing a fellow politician. Connie Bonaros, a MP for ‘SA Best’, accused Sam Duluk of inappropriate conduct during a state Parliament Christmas function. She claimed that, […]

New Whistleblower Policies to be Implemented January 1, 2020 ASIC has issued a reminder to the public and large proprietary companies, including retailers, that only several days remain until the deadline for new compliancy requirements under whistleblower legislation comes into effect. Under the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019, an amendment of the […]

Sacked AMP General Counsel Raises Issues of Bullying Sacked AMP general counsel, Larissa Baker Cook raised the prospect of AMP executives being called as witnesses in her wrongful termination case. Seeking $2.5m in compensation, Baker Cook’s barrister Kylie Nomchong claim that following her client’s mentioning the ‘fees for no service’ issue with AMP management, Baker […]

What Can you Do if you are Being Bullied at Work? Mental health organisation, ReachOut, recently compiled tips on how to deal with bullying in the workplace. According to an article published on ReachOut’s website, the first step is to keep a record of any bullying incidents that occur. This includes documentation of the time […]

Management of Sexual Harassment Negatively Affected by Male Managers Sex discrimination commissioner Kate Jenkins’, during her keynote address at the ‘Not In My Workplace’ Summit, said that gender inequality at the managerial level is a key driver of sexual harassmentgender inequality at the managerial level is a key driver of sexual harassmentgender inequality at the […]

Sixth AFP Staffer to Commit Suicide Amidst Allegations of Toxic Workplace A former Australian Federal Police (AFP) staffer was discovered dead in a Melbourne hotel on Monday morning. Before taking her life, Julie Woodward, who was employed as a criminal intelligence analyst at the AFP, sent police and news.com.au a 56-page suicide note. In the […]

House Rules Contestant Wins Workers Compensation Claim for Harm Done A recent decision of the New South Wales Compensation Commission (in the case of Prince v Seven NetworkPrince v Seven NetworkPrince v Seven Network (Operations) Limited [2019] NSWWCC 313), in which a reality television contestant was awarded compensation for bullying and harassment, has opened the […]

Survey Reveals Majority of People Who Witness Workplace Abuse don’t Report It According to a whitepaper released by Spot – an artificial intelligence tool which allows people to anonymously report abuse – of the 79% of participants who had seen an incident of workplace harassment or discrimination, an astonishing 77% never reported the incident to […]

Serious Injuries Related to Workplace Bullying Doubled in the Last Decade New data from Safe Work Australia has revealed that ‘the number of serious workplace injuries related to bullying and harassment has nearly doubled in Australia over the past decade.’ In the 2018-19 financial year, more than 1,800 people were compensated for a workplace injury […]

New Laws in Victoria to Imprison Negligent Employers for Employment Related Suicide New workplace manslaughter laws being introduced in Victoria could see negligent bosses face up to 20 years imprisonment and $16 million in fines for an employee who commits suicide. The proposed law is set to cover deaths caused by mental injuries sustained during […]

Ernst and Young Previous Training Encouraged Specific Grooming Requirements and Perpetuation of Stereotypes for Women Employees ‘Big four’ accounting firm, Ernst & Young, allegedly advised its female employees to look ‘fit’ and ‘not to address men face-to-face’. HuffPost reporter, Emily Peck, obtained a 55-page EY presentation55-page EY presentation55-page EY presentation known as the EY Power-Presence-Purpose […]

What Can an Employer do About Workplace Bullying? The Australian Workplace Barometer Project (2014-2015)Australian Workplace Barometer Project (2014-2015)Australian Workplace Barometer Project (2014-2015) found that workplace bullying costs Australian employers approximately $693 million per annum in lost labour and claims, it is unlikely this figure has decreased since these statistics. So what can an employer do […]

Uniqlo Settles Bullying Lawsuit Japanese retail giant, Uniqlo, has quietly settled a discrimination claim with a former Human Resources Manager. Melanie Bell, who resigned from the fast-fashion company in March 2018, filed a claim for $1 million in damages with the Federal Circuit Court in Melbourne this past February. Ms Bell alleged that, over the […]

Detailed Study on Workplace Bullying Reveals Systemic Causes A new study conducted by researchers at the University of South Australia has found that two-thirds of Australians workers have experienced bullying. While the study found that only 10% of employees identified as ‘victims’, the reality is much more shocking. The findings placed Australia as the sixth-highest […]

Toxic Kitchen Culture To Cause Major Chef Shortage Dr. Richard Robinson, a researcher at the University of Queensland, believes that ‘toxic kitchen culture’ is to blame for the predicted shortage of chefs in Australia by 2023. Of the apprentices interviewed by Dr. Robinson in Brisbane and Melbourne, 80 reported having experienced ‘sexual violence threats, bullying […]

WA Premier Mark McGowan Accuses MUA of Bullying West Australian Premier Mark McGowan has made bullying accusations against the Maritime Union of Australia (MUA). The Premier’s comments were prompted by a community meeting that was convened by the McGowan Government to discuss it’s contentious plans for an outer harbour port. It is reported that at […]

Diagnostic Tool Developed to Diagnose and Prevent Workplace Bullying New research published by the University of South Australia has proposed an evidence-based solution to recognising and preventing bullying in the workplace. University of South Australia Associate Professor, Michelle Tuckey and her team developed the method, which aims to help organisations cultivate a culture that diagnoses […]

Disability Discrimination Number 1 Complaint A new report by the Australian Institute of Health and Welfare (AIHW) revealed that in 2017-18 the Australian Human Rights Commission (AHRC) received more complaints about disability discrimination than any other category of discrimination. People With Disability (PWD), one of Australia’s leading disability rights groups, has called for an overhaul […]

Construction Supervisor Receives $21,000 Fine from Worksafe for Bullying Behaviours An Adelaide construction supervisor has been prosecuted for bullying under the Work Health and Safety Act 2012 (SA) in the case of Campbell v Chenoweth [2019] SAET 181 case of Campbell v Chenoweth [2019] SAET 181 case of Campbell v Chenoweth [2019] SAET 181 (28 […]

If you Are Over 50, You are Out! Survey Says According to the Diversity Council of AustraliaDiversity Council of AustraliaDiversity Council of Australia, age-based discrimination in the workplace can affect employees as young as 45 years old. As for those over 50, nearly 30 per cent of respondents to a 2018 Australian Human Rights Commission […]

Trainee Doctors Take Legal Action Against Sunshine Hospital Trainee doctors in Victoria have launched proceedings in the Fair Work Commission against Melbourne’s Sunshine Hospital amid claims of bullying, harassment and exploitation. The accusations are the latest in a growing list of complaints of poor working conditions within Australia’s public hospital system. Trainee registrar doctors at […]

Loose Definition of Bullying? In a recent editorial piece, the Sydney Morning Heraldeditorial piece, the Sydney Morning Heraldeditorial piece, the Sydney Morning Herald noted that bullying in workplaces is difficult to tackle because it is insidious and hard to perceive. It may take the form of a person who uses their status in the office […]

Liberal Party Adopts Code of Conduct at the Same Time as Sexual Assault Allegations Surface The Liberal Party has come under fire after two former female staffers have alleged that they were sexually assaulted while working for the party several years ago. The allegations emerged this week and coincided with Liberal Party President, Nick Greiner, […]

Employee Receives $140,00 Payout for Being Fired Due to Mental Health In the case of Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913 the Federal Court has ruled the an Employer cannot fire an employee for taking extended sick leave (related to their mental health) without first establishing that the employee […]

Bullying to the Extreme: Setting Work Colleague on Fire Luke Chenoweth, a construction site supervisor at Tad-Mar Electrical, has pleaded guilty under the Work Health and Safety Act after dousing an apprentice in flammable liquid and lighting his clothes on fire. The South Australian Employment Tribunal (SAET) heard that Chenoweth squirted flammable liquid onto the […]

Bystander Laws For Sexual Harassment Needed Barrister and Women Lawyers Association of NSW (WLANSW) president Larissa Andelman has criticised anti-discrimination law in Australia. In calling for legislative reform, Ms Andelman said that ‘this model of requiring victims of sexual harassment to report just hasn’t worked’. Instead, Ms Andelman has proposed the enactment of bystander provisions. […]

How to Manage Workplace Harassment Mary Hoang, Head Psychologist at the Indigo Project, has said that the best advice for working women is to ‘be clear to yourself on what your boundaries are – what you’re comfortable putting up with, and what you’re not’. Hoang, who counsels victims of workplace harassment, said that she encourages […]

Word Searches Related to Work Dominated by Bullying, Harassment and Discrimination Search Terms According to data analytics platform, SEMrush, Australians are suffering from poor wellbeing at work and it’s showing in their google searches. The words ‘bullying’, ‘harassment’, ‘diversity’ and ‘discrimination’ were among the most used keywords used in online searches associated with ‘work’ by […]

Good Intentions in Diversity Haven’t Resulted in Less Discrimination Boston Consulting Group (BCG) recently published its ‘When Good Intentions Aren’t Enough: Diversity and Inclusion Report’. Staggeringly, the report found that more than 30% of employees with children experience discrimination. 41% of women with children and 39% of men with children reported having experienced discrimination in […]

New Highest Award for Aggravated Damages for Sexual Harassment Australia has a new highest amount awarded for aggravated damages for sexual harassment in the workplace (under the Sex Discrimination Act 1984 (Cth)). Recently, the Federal Circuit Court awarded (in the case of Hill v Hughes [2019] FCCA 1267) aggravated damages in a sexual harassment dispute, […]

ECU Survey Shows Humour Not Well Received by Managers Delivering Organisational Change Edith Cowan University Professor, Stephen Teo, has found some interesting results on the effect of office humour in relation to organisational change within the public sector. In a survey of 312 public sector employees who had seen organisational or structural changes in their […]

NSW Police Require Urgent Action to Curb Sexual Harassment The New South Wales Police Force has called for ‘urgent action’ in a bid to end the organisations’ ‘boys club’ culture and curb levels of sexual harassment. Last year, Australia’s former Sex Discrimination Commissioner, Elizabeth Broderick, commenced a report on the impact of the force’s internal […]

Heartless Dismissal While Employee in Hospital With Cancer Considered Unfair The Fair Work Commission has found in favour of a Sydney chef who was dismissed following three days of sick leave. The Chef, Chanintorn Siri, worked at Urban Orchard Food for over two years before his dismissal. Following intense stomach pain, which was later found […]

Bullying Within Australian Legal Profession Far Exceeds Global Averages The International Bar Association’s (IBA) ‘Us Too? Bullying and Sexual Harassment in the Legal Profession’ report has revealed that incidents of bullying and sexual harassment are ‘rife’ within the Australian legal profession. The IBA report, which was the largest global survey conducted on workplace behaviours within […]

Employer can Sanction its Employee for Out of Work Actions that Bring the Employer into Disrepute Cotton on Kids has commenced investigations against the employee who attempted to ‘egg’ Prime Minister Scott Morrison. Earlier this month, Amber Holt attempted the stunt before a shift at Cotton On. Holt has since been charged with common assault […]

Sexism and Sexual Harassment Rife Within Victorian Legal Profession According to the ‘Start with Us’ report conducted by the Women’s Legal Service Victoria (WLSV), sexism and general inequality have reached rife levels within the Victorian legal profession. In a survey of nearly 300 professionals within the legal sphere, the overwhelming consensus was that the profession […]

Closing the Gap Report Identifies Institutionalised Racism Kristopher Rallah-Baker, Australia’s first Indigenous ophthalmologist, has spoken out against institutionalised racism within Australia’s health care system. Dr Rallah-Baker, who presently serves as President of the Australian Indigenous Doctors’ Association (AIDA), said that ‘blatant racism, degradation, bullying, harassment and racial vilification’ exist against indigenous Australian’s within the medical […]

NSW Lawyers Association Calls on Employers to Take the Lead in Stamping out Sexual Harassment Barrister and President of the NSW Women Lawyers Association, Larissa Andelman, has called upon employers to take the charge in stamping out sexual harassment in the workplace. In arguing that the onus for change needs to shift, Andelman said that […]

Recently I posted a Dalai Lama inspired definition for discrimination. With the passing of Easter, the most significant celebration in the Christian calendar I thought I would comment on the actions of Jesus, as one who could be said to have embraced all people equally in a society that did not. This is not a […]

The Federal Court (in the case of Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496) has found in favour of Geoffrey Rush and awarded the defamed actor at least $850,000 in damages. While the media are focusing on Ms Norvill’s evidence and questioning Justice Wigney’s ability to assess the complexity of power […]

Court Finds in Favour of Rush’s Defamation Action The Federal Court (in the case of Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496) has found in favour of Geoffrey Rush and awarded the defamed actor at least $850,000 in damages. The defamation proceedings were brought against Nationwide News (owner of the Daily […]

WA Law Society Recommendations in Relation to Workplace Sexual Harassment The WA Law Society has published a submission paper to the Australian Human Rights Council’s National Inquiry into ‘Sexual Harassment within Australian Workplaces’. The paper proposed a number of reforms to the Sex Discrimination Act 1984 (Cth) (‘SDA’). One recommendation proposed that the term ‘employee’ […]

Professor of Career Education Speaks Out Against Workplace Racism Jim Bright, Professor of Career Education and Development at Australian Catholic University (ACU), said that employees need to step up to stamp out racism in the workplace. In his personal column in WA Today, Bright said that “we cannot rely on employers to win the fight […]

Government Going to High Court Over Decision of Unfair Dismissal of Employee for Anonymous Tweets In an appeal to the High Court of Australia, the Government has sought to uphold the dismissal of former public servant, Michaela Banerji. In 2013, the Department of Immigration and Border Protection terminated Ms Banerji’s employment after it discovered that […]

Call for Reforms to Allow Employers to Sack Perpetrators of Sexual Harassment More Easily Australian Industry Group (Ai Group) has called for legislative reforms to enable employers to sack perpetrators of sexual harassment more easily. In their submission to the Australian Human Rights Commission’s National Inquiry, Ai Group argued that the unfair dismissal provisions within […]

One off Drunkenness at After Work Function Not Valid Grounds for Dismissal A Sydney Opera House (SOH) contractor has won an unfair dismissal case against her former employer, Ryan Wilkes Pty Ltd. In August 2018, the contractor was fired for getting drunk and vomiting at an after-work drinks event held at the Sydney Opera House. […]

ACTU Proposing Sexual Harassment be Protected under Fair Work Over 100 organisations across Australia have signed up to a new initiative that seeks to stamp out sexual harassment. The Australian Council of Trade Unions (ACTU) is leading the charge, with President, Michele O’Neil, calling for state and federal governments to implement a new five-point plan. […]

Former Executive of Japanese Company Alleges Discrimination Due to Being Caucasian A former Melbourne executive, Melissa Bell, has commenced proceedings against Japanese retail company, Uniqlo. Bell alleged that she was bullied and discriminated against during her time at Uniqlo because of her ‘Caucasian heritage’. She claimed that co-workers of ‘Asian descent’ were generally given more […]

Senator Burston Accused of Sexual Harassment Federal senator, Brian Burston, has been accused of sexual harassment toward one of his staff members. The allegations of ‘serious sexual harassment’ made media headlines after One Nation leader, Pauline Hanson, raised the issue in a speech to the Senate last Tuesday. It has since emerged that the staffer […]

David Jones Settles Discrimination Claim Against CEO- Upmarket department store David Jones has settled a discrimination claim brought forward against former CEO, David Thomas. The complaint was made last November by a member of the David Jones merchandising team in regard to Mr Thomas’ conduct. Details of the allegations have remained confidential; however, a David Jones spokesperson confirmed last week that a cash settlement was reached between the parties. Though no formal admission of wrong-doing was made, this week ….

Adverse Action Claims Available to Probationary Employees- The Federal Circuit Court (in the case of Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd [2018] FCCA 3734) has affirmed that employers are not immune to adverse action claims brought forward by probationary employees. The decision came after a Gold Coast employee was fired five months into a probationary period. At the time, the company’s HR manager advised the applicant that since she was a probationary employee, no reason for the termination had to be given.

David Jones Settles Discrimination Claim Against CEO Upmarket department store David Jones has settled a discrimination claim brought forward against former CEO, David Thomas. The complaint was made last November by a member of the David Jones merchandising team in regard to Mr Thomas’ conduct. Details of the allegations have remained confidential; however, a David […]

Adverse Action Claims Available to Probationary Employees The Federal Circuit Court (in the case of Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd [2018] FCCA 3734) has affirmed that employers are not immune to adverse action claims brought forward by probationary employees. The decision came after a Gold Coast employee was fired five months […]

Sexual Harassment Inquiry Hampered by Non-Disclosure Agreements Non-disclosure agreements have made it difficult for the Australian Human Right Commission (AHRC) to conduct their National Inquiry into workplace sexual harassment. The Inquiry commenced last June after the AHRC released their fourth survey. The survey revealed that 39% of women had experienced sexual harassment in the workplace. […]

Female Soccer Team Coach Sacked Due to Bullying Allegations The Football Federation of Australia (FFA) has confirmed that Matilda’s Coach, Alen Stajcic, has been sacked. Two anonymous surveys conducted by bullying campaigner, Our Watch, identified issues with Stajcic’s management of the woman’s professional soccer team. The Football Federation of Australia have not found a replacement […]

Breach of Code of Conduct: Using Work Credit Card for Personal Expenses is Valid Grounds for Dismissal Former union organiser, Nick Belan, has failed in another bid to be reinstated after what he alleged to be a ‘harsh, unjust and unreasonable’ dismissal. Mr Belan was sacked from the National Union of Workers in 2016 for […]

Criticism of AMA’s Code of Conduct Reform The Australian Medical Board’s recent proposals to reform Codes of Conduct has come under sharp criticism for failing to emphasise advocacy. The Board outlined its proposals in a consultation paper published six months ago. In response to concerns over inappropriate workplace behaviour in the sector, the Board sought […]

More Negative Comments About Australian Border Force’s Toxic Culture The Australian Border Force is slammed once again after a second employee’s suicide is linked to the quasi-military agency’s ‘toxic work culture’. Earlier this month it was revealed that a Melbourne-based recruit trainee, who took her own life in 2016, left a suicide note which cited […]

Senator Buckingham Quits Amid Allegations of Sexual Harassment A Greens MP has quit amid accusations of sexual harassment. Jeremy Buckingham has been at the centre of calls from his own party members to leave his post following allegations that he sexually harassed a party staffer. Despite denying the claims, he has announced that he will […]

ACTU Survey Shows 64% Women Sexually Harassed at Work A survey by the Australian Council of Trade Unions (ACTU) has shown 64% of women have been sexually harassed while at work. However, the majority went unreported. Of the 9600 respondents, 35% of men said they had been harassed at work. Responses noted that sexual harassment […]

Being Called a Kiwi is not Racial Discrimination A former employee at an Adelaide bakery has had her racial discrimination case dismissed. New Zealander Julie Savage worked as a supervisor at Vili’s Cakes where she claimed the managing director called her “Kiwi”. This incited others to use the term, too, causing her “disrespect” and forming […]

Survey Reveals Many Employees Don’t Feel Safe Reporting Misconduct According to a recent survey, employees are not reporting misconduct for fear it could risk them their jobs. The Ethics at Work Survey found that while 24% of the 752 respondents had been aware of misconduct in the past year, 35% did not say anything and […]

MP Files Complaint Against Police for Racist Posts A Greens MP has filed a complaint against the NSW Police for racist posts. Jenny Leong is claiming that the police breached s 18C of the Racial Discrimination Act for “offensive and unlawful” comments made to Facebook in 2016. In response to a bill Ms Leong introduced […]

Former MD of ABC Alleges Chairman Sexually Harassed Her The former managing director of ABC has accused its chairman of sexually harassing her. Michelle Guthrie claimed that Justin Milne inappropriately touched her at a function in 2017 when he rubbed her back. She described it as being “icky”, “inappropriate” and “unprofessional”. According to her, it […]

FWC Says ‘Not Satisfied’ of Sexual Harassment Claim The Fair Work Commission has rejected that a Mining One engineer resigned over sexual harassment. Ms Kurucuk worked as a geotechnical engineer under a supervisor, whom she claimed developed unreciprocated romantic feelings for her. When she told him his romantic behaviour was unwelcome he apologised, however the […]

NSW Public Health Riddled with Bullying The most recent People Matter Employee Survey by the NSW Public Service Commission has revealed that the state’s public health system is riddled with bullying and harassment. The survey, which had 65,000 respondents, indicated that more than one third of staff had witnessed bullying in the past year alone. […]

ABC Reporter Accused of Sexually Assaulting a Colleague The ABC has inquired into a reporter accused of sexual assaulting a colleague. A “small number of complaints” into the conduct of a male reporter prompted the follow-up action by the broadcaster. It is alleged that the unnamed man made sexual advances towards a female reporter, who […]

Legal Action Taken Against Coco’s Restaurant Due to Pregnancy Discrimination The Fair Work Ombudsman is taking legal action against Coco’s Restaurant for discriminating against its staff. It is alleged the Perth restaurant discriminated against a casual waitress on the basis of her pregnancy. The unnamed waitress had shifts cancelled in 2017, after the restaurant discovered […]

65% of Cabin Crew Surveyed Say they Have been Harassed at Work A survey by the Transport Workers’ Union (TWU) has revealed that the majority of cabin crew workers have been harassed at work. The inquiry surveyed 419 staff members with Australian airlines, Qantas, Virgin, Jetstar and Tigerair. Alarmingly, 65% of respondents, who make up […]

Lego Executive Suing for Unfair Dismissal Related to Alleged Discrimination Based on Family Responsibility A senior Lego Australia executive is suing Lego Australia for unfair dismissal based on alleged discrimination. Robert Csano was the director of operations at Lego Australia. He had been working on secondment in Japan since 2016, pursuant to an international assignment […]

Alice Springs Councillors Allege Culture of Bullying Alice Springs Town councillors have made allegations that there is a workplace culture of bullying. Five of the nine councillors, whose terms have not yet lasted one year, claim to be the personal victims of bullying or to have seen others being bullied. Cr Marli Banks is one […]

Another Female MP Complains of Internal Bullying A federal Liberal Party MP has announced she will quit politics in the upcoming election due to in-party bullying. Ann Sudmalis used her parliamentary privilege to denounce NSW state MP, Gareth Ward, for bullying and waging a campaign against her to prevent her re-endorsement. She said that over […]

Former Soldier Suing NT Govt Department Due to Bullying and Disability Discrimination A former soldier has filed a suit against the Northern Territory Department of the Legislative Assembly for discrimination and bullying. Ben Harris, who worked at the department as sergeant-at-arms, had PTSD from having served a tour of duty in Afghanistan. He alleges that […]

$20,000 Payout for Employee due to Discrimination Based on Assumed Mental Illness The Equal Opportunity Division of the NSW Civil and Administrative Tribunal has found that a child protection caseworker was discriminated against by being ordered to take sick leave. According to her Department of Family and Community Services colleagues, Jennifer Stefanac spoke with them […]

Mayor Emails Nude Photos of Himself from Council System The mayor of Queensland’s Diamantina Shire has been found to have sent nude photos of himself using the council email system. Geoff Morton alleges that he intended to use his personal email account but mistakenly used the council’s instead. Shire IT staff discovered the photos, which […]

Workplace Bullying Resulted in Worker’s Compensation Payout The NSW Workers Compensation Commission has found in favour of an overworked and victimised marketing manager. Jodie Hammond, who formerly worked at Citigroup, argued that her manager bullied and harassed her. She alleged having to work within “unacceptable timeframes” and participate in unethical behaviour by manipulating the budget. […]

Employee Suicide Linked to Workplace Bullying The mother and sister of a local council staffer claim that the council’s toxic work culture was a “catalyst” in his recent suicide. David Wilson had worked as a plant operator at the Wollondilly Shire Council for 13 years before taking his life in June of this year. In […]

Commissioner of Emergency Management Resigns Amidst Allegations of Bullying The Commissioner of Emergency Management Victoria has resigned in the face of allegations of inappropriate workplace behaviour. Craig Lapsley, who also serves as the state’s most senior firefighter, denied claims that he had bullied his employees. Nevertheless, he departed as WorkSafe Victoria was set to investigate […]

Justified Performance Management Prevents Employee Appealing to Obtain a Stop Bullying Order The Fair Work Commission has prevented an employee appealing to obtain an order to stop bullying. Miroslav Blagojevic has been employed by AGL Macquarie since 2006, and has worked under the supervision of Mitchell Seears since 2016. In March 2017 Mr Seears placed […]

Vulgar Language Valid Grounds for Summary Dismissal but Must Show Connection A factory worker who was fired in 2016 has had his unfair dismissal overturned by a Fair Work Commission decision. Minas Trialonas formerly worked at Steric Solutions when a factory incident led him to calling his female manager, Leanne Docherty, a “backstabbing c**t”. The […]

Federal MP Accused of Harassing Staff NSW Labor has launched an investigation into allegations that a federal MP harassed her staff. Emma Husar, MP of the electorate of Lindsay, is said to have maintained working conditions described by one staffer as “hell”. They have accused her of forcing them to walk her dog and clean […]

Former GM Suing Perdis Cosmetics Owner for Breach of Contract and Adverse Action Related to Bullying Napoleon Perdis’ former general manager, Gioanni Rosiello, is suing for breach of contract and adverse action in relation to bullying claims. Giovanni alleges that he was made to do work extending beyond the scope of his job description, which […]

When is it okay to not hire someone related to their criminal record? The Attorney-General, Christian Porter, is set to meet with the Australian Human Rights Commission (AHRC) over a recent workplace discrimination decision. The insurance company, Suncorp, chose not to employ a man – known as BE – on the grounds that he had […]

CEO Posted Negative Comments About Staff on LinkedIn A Queensland CEO has posted to LinkedIn describing the toxic workplace culture her colleagues perpetuated. Vicki Batten is the head of FSG Australia, a community organisation concerned with disability, mental health and aged care, which recently announced that it would enter voluntary administration. Amidst this backdrop, Ms […]

National Inquiry into Workplace Sexual Harassment The Australian Human Rights Commission will undertake a national inquiry into workplace sexual harassment. The sex discrimination commissioner, Kate Jenkins, will head the year-long investigation, continuing the momentum generated by the world-wide #MeToo movement. As part of the inquiry, Ms Jenkins will consider factors that drive sexual harassment at […]

Complainant “Foolish and Misguided” – Dismissal Stands The FWC has rejected a legal secretary’s unfair dismissal application. Linda Hanrick, who formerly worked at Meridian Lawyers, alleged that several members of staff had bullied and conspired against her. However, through an independent investigation, the firm dismissed those allegations as false and subsequently fired her for serious […]

Australian Agricultural Industry Aims To Increase Women In Leadership The Australian agricultural industry is working to improve its workforce gender imbalance despite persistent difficulties. According to the Workplace Gender Equality Agency, women only comprise 18% of management roles in Australian agribusiness, despite constituting 41% of the workforce and making up 43% of upper echelon management […]

Racial Discrimination of Chinese Descent Couple A NSW hotelier has been fined for underpaying two of his former workers in a landmark workplace racial discrimination case. As the former owner of the Scamander Beach Resort Hotel in Tasmania, Chang Yen Chang sponsored and employed a husband and wife couple from Malaysia through skilled chefs’ visas. […]

Trainee Resigns Due to Alleged Bullying A trainee firefighter with Airservices Australia has resigned after experiencing its toxic bullying culture. Lisa Madsen, a former paramedic, had made it through nine weeks of the fifteen-week training course with the aviation safety organisation. However, she resigned before its completion after being the victim of what she says […]

Allegations of Toxic Bullying Workplace at Safe Services The Victorian Department of Health and Human Services is investigating one of Australia’s major family violence services over allegations of bullying. Safe Services is one of three organisations that provide counselling over the 1800RESPECT family violence and sexual assault line. A former senior manager of Safe Services […]

Victorian Bar Set to Conduct Health Survey of Barristers The Victorian Bar is set to conduct its largest survey into the health of the state’s barristers with a special emphasis on workplace bullying. This comes as Peter Kidd, the Chief Judge of the County Court, acknowledged having received a complaint of bullying lodged against a […]

New Survey Shows Ageism Prevalent in Workplaces The Benevolent Society has released the results of its survey on the prevalence of ageism in the workplace. The respondents, of whom more than 1000 were over 50 years old, spoke about how age-based discrimination often played an active part of their lives. Such discrimination commonly took the […]

Research Shows Increasing Gender Parity in Australian Workforce Could Boost the Economy Research by McKinsey & Company has illustrated the potential for greater gender parity in the workforce to boost the Australian economy. Currently, the Philippines, Singapore and New Zealand rank higher than Australia in terms of workplace gender equality. The research has highlighted that […]

Radio Station JOY 94.9 Accused of Bullying Culture Sydney Morning Herald has reported that Australia’s only LGBTIQ community radio station, JOY 94.9, has been accused of having a bullying culture. An anonymous individual who stole a list of the station’s members sent them letters in which they called for JOY’s board to be replaced over […]

Farting at a Work Colleague is not Bullying The Victorian Supreme Court has dismissed a $1.8 million action that equated farting with bullying. David Hingst formerly worked as an administrator at Construction Engineering Australia in Melbourne. He alleged that his supervisor, Greg Short, would “lift his bum and fart” on or at him on a […]

Qantas Flight Attendant Claims Sexual Harassment Rampant A former Qantas flight attendant has alleged that her on-board flight manager sexually harassed her. Hannah Rowlands, who has previously appeared in numerous television ads for the airline, claims the manager began to blow on her neck during a flight in 2015. Although she told him not to […]

Qantas Flight Manager Sexually Harassed Flight Attendant A former Qantas flight attendant has alleged that her on-board flight manager sexually harassed her. Hannah Rowlands, who has previously appeared in numerous television ads for the airline, claims the manager began to blow on her neck during a flight in 2015. Although she told him not to […]

University Academic Resigns in Face of Sexual Assault Allegation A senior academic at the University of Queensland has resigned a day before he was to formally respond to an allegation of sexual assault. A female colleague alleged that he had sexually assaulted her on a work trip in 2017. The university suspended him on the […]

Herbert Smith Freehills Partner Confirmed to have Committed Sexual Harassment and Breached Standards of Conduct It has been confirmed that Herbert Smith Freehills dismissed a senior partner, whom it found had engaged in misconduct. Peter Paradise, the former head of the firm’s projects team in the Asia-Pacific region, was suspended over allegations of sexual harassment […]

Academic Claims Employer ANU Discriminated against her A law academic has filed a complaint with the Australian Human Rights Commission alleging that her employer, ANU, discriminated against her because she was a woman. Dr Skye Saunders, who specialises in sex discrimination law, claims that she has been paid less than her male colleagues for the […]

Women Report of Inequality and Sexual Harassment in National Survey The University of Sydney has produced a national survey of women’s attitudes in the workplace. The report, entitled, ‘Women and the Future of Work’, questioned more than 2000 women and 500 men between the ages of 16 and 40. Professor Rae Cooper found some of […]

EY Partner Suspended for Alleged Sexual Harassment It has come to light that the managing partner of EY in South Australia was suspended amid allegations of sexual harassment. Don Manifold had worked at EY since 2015 and was suspended on 19 January 2018. His suspension prompted the CEO to warn EY’s 540 partners about appropriate […]

TechnologyOne Accused of Discrimination and Bullying Culture A former cloud project manager at TechnologyOne is suing the company for bullying, victimisation and discrimination. Ana Monteiro, who worked at there from 2015–2017, has filed a complaint with the Australian Human Rights Commission, and hopes they will investigate what she describes as a “bullying and sexist culture”. […]

No Unfair Dismissal for Employee who Distributed Pornographic Material The Fair Work Commission has ruled that a wharf worker who sent a pornographic video to female colleagues was not unfairly dismissed (in the case of Luke Colwell v Sydney International Container Terminals [2018] FWC 174). Hutchison Ports Sydney fired Luke Colwell in August 2017 for […]

Australian Defence Force Accused of Discriminating against Transgender Cadets Two former cadets have alleged they were the subjects of discrimination due to transitioning genders while at the Australian Defence Force Academy. Despite a policy intended to prevent abuse of transgender people, and the fact that it would not affect their ability to perform, both say […]

Workplace Discrimination Complaints on the Rise in South Australia Since the recent implementation of measures to stop sexual harassment and other predatory behaviour in the workplace, the South Australian Police Force has seen an increase in the number of discrimination complaints. This change came to light in a progress report issued by the Equal Opportunity […]

Taskforce Salus Sees Senior Inspector of Victorian Police Stand Down A senior inspector of the Victorian Police Force has been stood down as part of a probe into his potential sexual misconduct and harassment. The investigation is being conducted by Taskforce Salus, a team formed to look into and eradicate inappropriate sexual behaviour among the […]

Fire and Emergency Services Fails to Defend Staff from Union Bullying Department of Fire and Emergency Services (DFES) staff says that senior management did not protect it from the United Firefighters Union’s (UFU) bullying. The department’s director of occupational health and safety claims to have been “humiliated” when a UFU official contradicted her at a […]

Actor Craig McLachlan Accused of Workplace Bullying and Sexual Harassment Craig McLachlan, an award-winning Australian actor, has been accused of indecently assaulting, sexually harassing and bullying female colleagues in the 2014 production of the Rocky Horror Show. Of the actresses who brought forward the allegations, two have lodged complaints with the Victoria Police. Mr McLachlan […]

EveryAGE Counts to Target Age Discrimination in the Workplace A campaign against age discrimination, called EveryAGE Counts, is set to be launched in autumn. EveryAGE Counts is centred on “changing social norms… in the same way as racism and sexism”. It is being spearheaded by several agencies, including The Benevolent Society, and a network of […]

Councillors Interviewed About Lord Mayor’s Alleged Sexual Harassment City of Melbourne councillors have been interviewed in the wake of claims that Lord Mayor Robert Doyle sexually harassed colleagues. The lawyer heading the independent investigation, Dr Freckelton, said whether councillors who formerly served alongside the Lord Mayor would be interviewed “remain[s] to be seen”. Nevertheless, former […]

South Australian Local Government Councillor Accused of Workplace Harassment and Bullying A local government councillor of Burnside in South Australia has expressed his intention to resign if allegations that he bullied his staff are dropped. An independent mediator’s report alleges that Lance Bagster harassed, stalked and bullied his colleagues, following which a number of complaints […]

Mine Worker Re-employed Due to Lack of Evidence of Sexual Harassment The Fair Work Commission has granted a Queensland mine worker his job back after he was dismissed for allegedly engaging in inappropriately sexual behaviour (in the case of Mr Vincent Wilson v Anglo Coal [2017] FWC 4386). The complainant, Person A, claimed that Vincent […]

Theatre Network Creates Code of Behaviour in Light of Industry Allegations In response to an increasing number of allegations of sexual harassment in the arts industry, the Theatre Network NSW has produced a Code of Behaviour. This code is set to apply to the entire sector, including freelance workers. Described by network director, Jane Kreis, […]

Banker Fired over Sexual Harassment after Work ANZ Bank has fired a banker for making sexual comments to a female employee. Although the alleged behaviour took place at an industry event outside of work hours, it was nevertheless held to be work-related and the employee was dismissed. According to Kathryn van der Merwe, the group […]

Indigenous Australians Most Discriminated in the Workplace According to the Diversity Council Australia’s Inclusion@Work Index, 38% of indigenous Australians were either harassed or discriminated at work in the past year. This figure makes the Aboriginal and Torres Straight Islander workers the most discriminated minority in the workplace. The Council’s CEO, Lisa Annese, said that the […]

Australian Workforce Continues to be Heavily Segregated by Gender A report by the Workplace Gender Equality Agency has revealed that gender segregation is still rife in the workplace. According to the results, women comprise 80% of the health care and social assistance industries. By comparison, men are more evenly distributed throughout sectors. While women were […]

Government May Push Women to Seek Pay Raises Amid Segregation A new proposal by the WA government would encourage women to seek wage rises in industries especially dominated by women. Women’s Interests Minister, Simone McGurk, observed that WA had a particularly segregated workforce, with the gender pay gap standing at 23%, in contrast to the […]

Claims of Bullying and Harassment within Hanson’s One Nation Party It is alleged that Pauline Hanson’s chief of staff, James Ashby, bullied and threatened a crossbench staffer. The anonymous staff member claims that Mr Ashby “sought to cross-examine me on my contact with One Nation candidate Fraser Anning” in a “very angry and aggressive manner”. […]

Small Businesses Uncertain as to How to Respond to Bullying A survey by Employsure for its Workplace Safety Index has revealed half of Australian small businesses have no action plan with which respond to workplace bullying. The inquiry, conducted of 400 businesses also found that 40%, especially those with between two and four members, do […]

Bullying and Harassment Rife in Country Fire Authority A leaked internal report has revealed the entrenched culture of bullying and harassment in the Country Fire Authority. The Interim Report on Gender Diversity and Inclusion surveyed around 550 professional, technical and administrative staff, with results indicating that around 50% of male and female respondents have been […]

Surgeons Resist Bullying Education Module Forty per cent of surgeons are resisting completing a training module for bullying and harassment. In 2015 the Royal Australian College of Surgeons implemented an action plan in response to criticism that it was an “Anglo-Saxon boys’ club”. A core component of their plan is the Operating With Respect training […]

OECD Report Highlights Plight of Women in Work According to a new OECD report, women who work full-time are earning 87c to every dollar earned by men. The Pursuit of Gender Equality: An Uphill Battle observed gender imbalances across OECD nations and found Australia to be a “mid-range performer” across the indicators. The results showed […]

Sydney Water Worker Lodges Complaint of Discrimination in Light of ‘Dirty’ Advertisement A female employee at Sydney Water has lodged a complaint of sex discrimination and harassment against them. Reem Yelda agreed to have a photo of herself used in a ‘Safe Spine’ Campaign but felt “humiliated” when it was marketed under the phrase, ‘Feel […]

Former Partner Alleges Law Firm Discriminated Against Her A former partner has brought a claim of sex discrimination against law firm, HWL Ebsworth. Elizabeth Patrick alleges that from 2009 to 2016, she was bullied, harassed and paid less than male colleagues because of her gender. In addition to the firm, managing partner Juan Martinez, Nicholas […]

Systemic Bias Prevails Over Overt Sexism in Hospitals The only female heart and lung surgeon in the state has made a call for gender equality in hospitals and workplaces. Dr Nikki Stamp, a surgeon at Fiona Stanley Hospital, said that in recent times a more subtle gender bias had replaced “overt sexism”. Employment processes, for […]

Diversity Council Australia Report Reveals the Extent of Discrimination Women in Business Face A report by the Diversity Council Australia and University of Sydney Business School has revealed the workplace discrimination faced by women of diverse backgrounds. Cracking the Glass-Cultural Ceiling: Future Proofing Your Business in the 21st Century interviewed 230 culturally diverse women in […]

Workplace Culture Dashboard to Target Workplace Harassment White Ribbon Australia is set to launch its unique Workplace Culture Dashboard in response to ABS and AHRC statistics indicating that 1 in 5 women face workplace harassment. The new initiative is the result of a Workplace Accreditation Program conducted by KPMG since 2012. This program collected 150,000 […]

Arms Manufacturers Permitted Exemptions Under Racial Discrimination Laws Accusations of discrimination have been levelled at the NSW Government for allowing arms manufacturers to discriminate against their workers based on their citizenship. Global defence companies, such as Northrop Grumman and Raytheon, have been permitted exemptions from racial discrimination laws, in order to comply with US export […]

Catholic Church Threatens to Fire Employees Who Marry Under Same-Sex Legislation Australia’s Catholic Church has threatened to fire employees who marry their same-sex partners in the even same-sex marriage is legalised. Senior Catholics, Archbishops Denis Hart and Timothy Costelloe, warned against the 180,000 employees nation-wide from “undermining their… values”, saying that staff must “totally” respect […]

Allegations of Sexual Harassment and Bullying in Jaggad Fashion Company Fashion label Jaggad, of former football player Chris Judd, is the subject of an ongoing legal dispute. Staff members have made various claims of regular occurrences of sexual harassment, bullying and abuse in the workplace and maintained that the organisation failed to act. The former […]

ATM’s Criticised for Not Being Visually Impaired Friendly The Commonwealth Bank’s deployment of new Eftpos machines has been criticised by disability advocates for being inaccessible to the visually impaired. The so-called Albert terminals are touchscreen-only and their lack of tactile keys means that the blind and visually impaired must either divulge their pin to staff […]

Inquiry into Prevalence of Bullying in Emergency Services A NSW parliamentary inquiry into why workplace bullying and harassment are so prevalent in the emergency services is set to occur in August. Cindy Modderman is one of hundreds to submit her experience of workplace bullying to the inquiry. The former Ambulance employee claims she was subjected […]

Fair Work Commission Holds Unfair Dismissal of Cleaner The Fair Work Commission has found that contractor, Joss Facility Management, unfairly dismissed their employee, Veronica Bennett. Ms Bennett, a cleaner, took unpaid sick leave in August 2016 in order to have surgery on her foot and ankle. In early 2017, she maintained regular communication with Joss […]

Employee Alleges Serious Bullying Allegation from Founder of Vili’s Pies Former Sales Account Manager Colin Graham has filed a writ in the Supreme Court alleging that he was subject to workplace bullying at the hands of Vilmos Milisits, the founder of Vili’s Pies. Mr Graham alleges that Mr Milisits subjected him to “relentless bullying and […]

“Narrow Interpretation of Bullying” Pleaded by AOC Employee Former Australian Olympic Committee Staffer Ryan Wells has written an open letter to the Australian Olympic Committee Athletes’ Commission pleading for intervention in the investigation of AOC Media Director Mike Tancred. In April 2017, Mr Tancred was stood down pending an investigation into allegations that he engaged […]

Employee Argues Employer should Reimburse Leave Taken due to Psychological Injury Related to Bullying Patricia Read, a former town planner with Cairns Regional Council has alleged that on-going bullying and harassment in the workplace led to her development of a psychological injury. Ms Read, who took leave in order to receive treatment for her injury, […]

CEO of CPA Australia Terminated for Bullying CPA Australia has announced an independent review of its affairs and the immediate termination of the contract of Chief Executive Officer, Alex Malley. These sweeping changes follow allegations made by three former employees to the effect that Mr Malley had engaged in workplace bullying. Mr Malley will be […]

Request to Halt Equity and Diversity Review for Vic Firefighters The United Firefighters Union has filed a motion with the Victorian Supreme Court in an attempt to prevent the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) from completing an equity and diversity review of the Victorian Fire Services. The Union is also seeking a […]

Possible Bogus Bullying Claims at APSC Public servants have appealed to the Australian Public Service Commission (APSC) for assistance with ‘bogus’ bullying and harassment claims. It is reported that a number of public servants who have been cautioned for inappropriate behaviour or underperformance, are alleging that they have been bullied or harassed by their managers […]

Pattern of Unacceptable Behaviour by Salvation Army Employee Valid Reason for Dismissal Mauricio Nakasone applied for an unfair dismissal remedy in respect of the termination of his employment by the Salvation Army (in the case of Nakasone v Salvation Army [2017] FWC 2182). Mr Nakasone was employed as an Operations Assistant to the Director of […]

Bullying Allegation Against City of Stirling Councillor The City of Stirling has been asked by WorkSafe to take steps to ensure that employees are not exposed to bullying behaviour from Commissioner Elizabeth Re. A WorkSafe improvement notice was issued to the City of Stirling, which stated that employees of the City of Stirling had been […]

Survey by Unions ACT Found 70% Young People are Bullied A survey carried out by Unions ACT has highlighted the prevalence of bullying and discrimination in Canberra. Unions ACT surveyed 263 workers aged between 15 and 25. The survey found that 70% of respondents felt bullied or harassed in the workplace. One respondent reported that […]

Qld Policewoman Says Culture of Bullying and Sexual Harassment A former Gold Coast policewoman has revealed that the culture of the Queensland Police Service is one of bullying, intimidation and sexual harassment. The former policewoman has alleged that she was degraded, mocked and sexually harassed for a year before she lodged an official complaint. The […]

Qld Policewoman Says Culture of Bullying and Sexual Harassment A former Gold Coast policewoman has revealed that the culture of the Queensland Police Service is one of bullying, intimidation and sexual harassment. The former policewoman has alleged that she was degraded, mocked and sexually harassed for a year before she lodged an official complaint. The […]

Cth Govt Enquiry into Gender Segregation in the Workplace The Commonwealth Government is currently conducting an inquiry into gender segregation in the workplace and its impact on women’s economic equality. The Australian Human Rights Commission has made a submission to this inquiry. In this submission, the AHRC recommended, “the Commonwealth Government should develop and commit […]

Age Discrimination Survey The University of South Australia has surveyed 2100 men and women aged 45 years and over, to investigate their experiences in the workforce. More than 30% of respondents indicated that they had experienced age discrimination while employed or seeking work in the past 12 months. The most common forms of discrimination were […]

IBM Settles Age Discrimination Claims with Former Employees IBM Australia has reached a settlement with two former employees who alleged that they were made redundant from their respective positions on the basis of their age. In 2016, Jack Verdins commenced an action in the Federal Circuit Court. Mr Verdins was employed with IBM for 36 […]

Monjon Charged With Bullying by WorkSafe John Moncrieff, and his company, Monjon Australia have been charged by WorkSafe for failing to take reasonable care in relation to workplace bullying. Operations manager, Herman Pinto, was also charged with bullying. The matter will come before the Melbourne Magistrates Court on April 21 2017. Increase in Bullying Reports […]

Videos for Use in Sexual Harassment Education David Schwimmer (who plays Ross on Friends) has produced six short films addressing sexual harassment in the workplace. The videos – The Actor, The Boss, The Co-worker, The Doctor, The Photographer and The Politician — highlight how sexual harassment can occur in different circumstances. Channel Seven News Reader […]

Sexual Harassment Claim Against Nandos A 21-year-old female has commenced a sexual harassment claim against former colleagues and owners of two Nando’s franchises. In 2014-2015, the claimant worked at Nando’s Chermside and Nando’s Strathpine. During this period of time, the claimant alleges that her colleagues sexually harassed her, by pressing their genitals up against her, […]

Offensive Facebook Post Discussed as Part of Valid Grounds for Dismissal The issue of offensive Facebook posts within the workplace has arisen in a recent decision of the Fair Work Commission (Campbell v Qube Ports Pty Ltd [2017] FWC 1211). The decision concerned an employee, Stephen Campbell who had been dismissed for misconduct. The FWC […]

False Allegations Valid Reason for Dismissal Mohammed Ayub made an application for an unfair dismissal remedy (in the case of Ayub v NSW Trains [2017] FWC 1106) in respect of the termination of his employment by NSW Trains. Mr Ayub was employed as a Customer Service Team Leader from May 1982 until his dismissal in […]

Sexist Behaviour from Heads at Punchbowl Boys School The NSW Education Department has sacked Chris Griffiths and Joumana Denanoiu from their positions as Principal and Deputy Principal of Punchbowl Boys High following an investigation. It is alleged that a number of issues contributed to this decision including Mr Griffiths’ ‘unofficial policy’ of excluding female teachers […]

Qld Industrial Court VP Dianne Linnane Under Investigation for Bullying The investigation into the conduct of Queensland Industrial Court Vice-President Dianne Linnane is continuing. In November 2016, Justice Department Deputy Director-General Simon Blackwood commissioned an independent inquiry into the conduct of Ms Linnane. At the time, it was alleged that Ms Linnane was being investigated […]

Dean of ANU Medical School Launches Campaign to Address Bullying Professor Imogen Mitchell, the Dean of ANU’s medical school has launched a campaign to address bullying and harassment in the medical profession. A 2015 study reported in the Medical Journal of Australia found that 81% of medical students had witnessed humiliation during adult clinical rotations […]

Age Barrier More Prominent for Australian Employees Than Overseas Counterparts A survey carried out by Manpower Global Solutions has indicated that Australian workers are more likely to face career barriers because of their age than their counterparts in the United States or United Kingdom. The survey considered responses of 4500 global job seekers and found […]

Rail Employee’s Dismissal Valid Due to Serious Bullying Behaviour A Rail Tram and Bus Union representative, who was fired for allegedly bullying and harassing colleagues, has lost her unfair dismissal case. Samantha Rombola was employed as a Passenger Service Assistant. Ms Rombola’s employment was terminated on 29 July 2016 after an investigation into five allegations […]

Metro Trains Leaked Report Suggests Bullying and Harassment Issues A series of leaked emails have detailed the existence of workplace bullying, gender discrimination and harassment at Metro Trains. The substance of these emails appears to be drawn from an investigation carried out by former senior police detective Val Smith into allegations of harassment and gender […]

Allegations That SA Front Bencher Bullied and Harassed Female Employee David Speirs, a South Australian Liberal frontbencher has denied bullying and harassing a former female staffer. The allegations arose after an article was published in the Advertiser this week. The article claimed that Mr Speirs’ had bullied and harassed his former officer manager, Helen Dwyer. […]

$313000 Damages for Sexual Assault of Hotel Employee in the Course of Work The Queensland Civil and Administrative Tribunal has ordered a hotel chain to contribute $313,000 in damages after an employee alleged a colleague sexually assaulted her. At the suggestion of her employer, the employee had been residing free of charge in a two […]

Shire of Denmark Employee Succeeds in Unfair Dismissal Claim Councillor Rob Whooley has succeeded in an unfair dismissal action against the Shire of Denmark. Councillor Whooley commenced legal action against the Shire of Denmark after his employment as Director of Infrastructure was terminated in June 2016. The reason for the termination of his employment has […]

Psychopathic Bosses are Bullies and Create Bullies- UK Study Reveals A study conducted by a research team from the University of Manchester’s Business School has suggested that psychopathic or narcissistic bosses create workplace bullies. The study involved 1,200 participants from a wide range of industries and countries. These participants completed questionnaires relating to their own […]

Former Labourer Suing Employer for $3.1m for Bullying, is now Incapacitated from Working Michael Deacon, a South-African born labourer, is suing his former employer for $3.1 million. Mr Deacon claims that he was subject to bullying by co-workers over a five-month period while working on Curtis Island. It is alleged that Mr Deacon’s co-workers engaged […]

Occupational Obesity Cases in Victoria Lawyers in Victoria are being inundated with “occupational obesity” cases involving workplace injuries, illnesses and risks caused by overweight workers. While only a handful of employment cases involving obesity issues have ever made it to Australian courts, many cases are settled out of court. This year, these cases included: • […]

Alleged Discrimination of Female Cricketers Negotiations between the Australian Cricketers’ Association and Cricket Australia have raised a number of questions relating to sex discrimination within the sport. In particular, the Australian Cricketers’ Association has questioned the legality of requiring female cricketers to sign a contract stating that they are not pregnant. The relevant clause requires […]

Women at Fairfax Media Exposed to Customer Harassment Fairfax Media has conducted an investigation into customer-client harassment, considering the implications of the 2011 amendments to the Sex Discrimination Act. These amendments made it illegal for customers to sexually harass employees. Further, these changes imposed potential liability upon employers who did not take reasonable steps to […]

Workplace Bullying on the Rise says Safe Work Australia A report by Safe Work Australia has indicated the rate of bullying in the workplace is on the rise. The report entitled Bullying and Harassment in Australian Workplaces considered data drawn from the 2014/2015 Australian Barometer Project. This data indicated that the “prevalence of workplace bullying […]

ATO Sued for Racial Discrimination Iva Ilijevski, a former GST compliance officer, has commenced a suit against the Australian Tax Office for compensation. Ms Ilijevski alleges that, over a period of six years, her supervisor racially discriminated against her, on the basis of her Croatian background. It is alleged that the supervisor made a number […]

Shouting and Swearing at Staff in High Pressure Noisy Environment not Grounds for Unfair Dismissal James Taylor made an application for an unfair dismissal remedy (Taylor v Cut Above the Rest Tree Surgery Pty Ltd [2016] FWC 7828) in relation to his dismissal from Cut Above the Rest Tree Surgery, a small business employer. The […]

Anti-Muslim and Homophobi Comments Didn’t Warrant Sacking by BHP Billiton The Full Bench of the Fair Work Commission has ordered BHP Billiton to reinstate a miner sacked for a series of anti-Muslim and homophobic comments. The employee, Mr Goodall, was terminated in February 2016 after an investigation into comments that he made on the mine’s […]

Senate Inquiry Re Bullying in Medical Profession “Depressing” The Senate is currently conducting an inquiry into the medical complaints process in Australia, with particular reference to bullying. The inquiry has heard that medical students are being bullied and harassed by senior colleagues or professors, and fear that reporting this conduct will affect their career progression. […]

Law Firms Not Nice Places to Work! The Law Council of Australia’s National Attrition and Re-engagement Study (NARS Report) has revealed that one in four female lawyers and barristers have experienced sexual harassment in Australia. Further, one in two female practitioners and more than one in three male practitioners have reported being intimidated in their […]

EOC-Sexual Harassment Complaints Doubled in the last 2 Years The WA Equal Opportunity Commission has reported that the number of sexual harassment complaints lodged has almost doubled in the past two years. Last year the EOC received 54 complaints, 45 of which were lodged by women. The majority of these cases happened in the workplace, […]

Indirect Discrimination of Breast Feeding Mothers The Bristol Employment Tribunal has ruled that EasyJet’s treatment of two female employees amounted to indirect sex discrimination. On their return from maternity leave, the employees requested to be rostered on shorter 8 hour shifts, or to be allocated to ground duties for an unlimited period of time, to […]

Poor Work Performance and Pornography not Enough to Warrant Dismissal The FWC ordered a Port Macquarie insurance broking business to pay Allan Croft $10,000 in compensation. Smarter Insurance Brokers dismissed Mr Croft under “clause 21” of his contract of employment – a clause that provided that the employer may terminate the employment upon giving four […]

Workplace Homophobia is Real Insurance firm Lloyd’s has released a report as part of the Dive In Festival. The report found that 6 in 10 LGBTI people in Australia experience verbal homophobic abuse in the workplace, while two in 10 experience physical violence. Chris Mackinnon, Lloyd’s General Representative in Australia notes “research shows that when […]