The FWC has refused to order a worker's general practitioner to hand over medical records as it considers her anti-bullying case, noting that even if the information is relevant, requiring it might have a "harmful impact" on her health and wellbeing.
A court has struck out pleadings by an ASX-listed investment company's portfolio manager that his employer's "privileged" conduct in an FWC conciliation conference breached adverse action provisions, while confirming inaction can also fall foul of them.
A full Federal Court has ordered a retrial of a recruitment company employee's adverse action case, finding a Federal Circuit Court judge failed to provide adequate reasons for throwing it out.
The Morrison Government has relied on Pauline Hanson's One Nation to defeat Labor and Greens amendments to the Respect@Work legislation that would have imposed a positive duty on employers to take reasonable steps to prevent workplace sexual harassment.
The FWC has granted external legal representation to an employer and one of its employees accused of bullying involving s-xual impropriety, after differentiating between matters where allegedly bullied workers are still employed and dismissal cases where in-house representatives can argue for the employer "as fiercely as they see fit".
The FWC has issued anti-bullying orders in a decision that highlights the workplace tensions that build from employees conducting business on their phones.
The FWC has asked the Morrison Government to delay its proposed new capacity to make anti-sexual-harassment orders to give it time to prepare for a flood of applications, in an echo of a call it made eight years ago before the introduction of the anti-bullying regime.
The Fair Work Commission will be able to make a "stop sexual harassment order" after a single incident under legislation introduced today to implement some of the recommendations from Sex Discrimination Commissioner Kate Jenkins' Respect@Work report.
In a decision exploring legal privilege in anti-bullying cases, a FWC full bench has found an employer disingenuously misrepresented the purpose of an investigation to justify directing its operations manager to participate in a compulsory interview "at pain of dismissal".