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"Kafkaesque" pregnancy case proceeds after delay excused

A recruitment company's former operations manager, who is claiming $20,000 for the hurt and humiliation flowing from her alleged discriminatory sacking due to her pregnancy, has won more time to pursue her claim, while her employer has failed in its bid for costs against her "neophyte" lawyer, after a court accepted that there had been "a comedy of errors" that fell well short of representative error.

FWC opens consultations on anti-harassment regime

The FWC has today launched a consultation process for its new anti-s-xual-harassment jurisdiction, which starts operating from November 11, while it has also published a benchbook on the regime.

WFH shift should spur reform of flexibility request rights: Study

The insights gained from the rapid shift to working from home during COVID-19 could lead to the adoption of a "genuine consultation" requirement under the Fair Work Act's "right to request" flexibility that might start "a conversation aimed at reaching a mutually suitable arrangement", according to a new paper by two leading IR academics.

Bullying ruling exposes flaws on both sides

In an "unusual" case against a senior HR officer and an operations manager accused of bullying an area manager who "over-reacted" to a restructure, the FWC says it will close the matter if all agree to a host of recommendations or it will seek more evidence to continue the case.

FWC rebuffs employer bid for "bullied" worker's medical records

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.

Alleged "black sheep" comment not race-based: Tribunal

A WA housing officer of Mauritian descent has had her discrimination case thrown out after a tribunal held that a colleague accused of calling her a "black sheep" would have been using the the expression in its "colloquial sense" if it was said at all.

Court fines labour supplier, contractor for age bias

The Federal Court has today ordered a labour hire company and a contracting company to pay half of a $29,000 discrimination fine to a 70-year-old worker denied a job because of his age.

Harassment case transcript not "doctored": Court

A courier driver has failed to overturn orders to pay a Sanity store manager $45,000 compensation and damages for s-xual harassment after a court rejected his claims that a tribunal's transcript of proceedings had been "doctored".

No privacy breach after cosmetics theft

The privacy watchdog has rejected a complaint that a pharmacy invaded a worker's privacy when it showed her employer CCTV footage proving she stole cosmetics while wearing her uniform.

Employer's inaction can provide basis for adverse action: Court

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.