What’s been happening in Australia in relation to sexual harassment, discrimination, and bullying from 13 May -19 May 2024

Dismissed for posting negative comments about management The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim lodged by a worker against her employer, a hotel. She worked as a casual sales representative and bar supervisor.  The employer met with the employee to address performance issues such as sending herself on breaks during peak trade, […]

What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 08 April 2024 – 14 April 2024

First Successful Safework NSW Prosecution for Discriminatory Conduct Under The WHS Act Employers will be familiar with Australia’s anti-discrimination laws. However, a lesser-known protection that often falls under the radar is in the anti-discrimination provisions of work health and safety legislation. In this case, SafeWork NSW succeeded in what appears to be the first prosecution[…..]

What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 25 September 2023 – 1 October 2023

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[…..]

What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 10 October – 16 October 2022

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[…..]

What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 3 – 9 January 2022

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[…..]

What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 8-14 November 2021

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[…..]

What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 26 July – 1 Aug

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.[…..]

What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 7 February 2021 – 14 February 2021

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[…..]

What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 21 September 2020 – 27 September 2020

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[…..]

What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 14 September 2020 – 20 September 2020

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.[…..]