The FWC has upheld the dismissal of a 63-year-old male employee who sent text messages calling a 37-year-old male colleague his "bitch" and "toy boy" and threatened to "molest" him and squeeze his testicles until it made him cry.
NSW Labor has laid out its plan to beef up the State's OHS, anti-discrimination and anti-bullying jurisdiction, including by reviving the industrial court and extending access to private sector employees, if it wins Saturday's election.
There is "no place for bawdy offensive alpha-male behaviour in the workplace", the FWC has found, in upholding the dismissal of a male worker for asking a female colleague for a kiss and telling another co-worker that he wanted to "f-ck" his sister.
Employers should be subject to a stronger onus to prevent s-xual harassment under the existing positive duty to provide safe workplaces under OHS laws, while the Fair Work Act should be amended to include explicit anti-harassment rights, according to Victoria Legal Aid.
The FWC has told an employer that it must accept responsibility for a "suboptimal" workplace culture that it could have reset before sacking two senior wharf workers who verbally abused a female colleague, but it upheld their dismissals for behaviour that "crossed the line".
A company that withdrew an offer of employment when it discovered the potential employee's criminal record has paid her $2500 compensation and revised its global recruitment and HR practices, after the AHRC found it discriminated against her.
Social media "moves the dial" on harassing workplace behaviour and will contribute to more litigation flowing through to the courts, according to Australian Human Resources Institute chair Peter Wilson.
A leading workplace academic has called on legislators to consider a UK parliamentary inquiry's recommendation to impose a legal obligation to protect workers from sexual harassment, with breaches resulting in "substantial financial penalties".
The FWC has rejected a dismissed employee's contention that a company's duty of care extended to anticipating that he would act in a violent and threatening manner towards a co-worker.
The pitfalls of self-representation have been highlighted by an FWC full bench that found it would be "futile" to hear a former chief executive's anti-bullying case because his notice of appeal "expressly" indicated he was seeking an unnecessary order.
