An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".
A court has found the Federal Police took adverse action by refusing to employ a candidate because of his arthritis, but its refusal to reverse the decision after a review was lawful because it was based on the inherent requirements of the position.
Victoria's Civil and Administrative Tribunal has found an executive search company doesn't need an exemption from equal opportunity laws to conduct its female executive recruitment program, but has used its business as a case study, setting out the steps for other applicants to self-assess whether they are already exempt.
A former NSW Police sergeant is alleging that the NT Police discriminated against him on the basis of irrelevant criminal records when it rejected his job application and permanently excluded him from re-applying.
A confectionery company discriminated against an employee when it failed to consider, or give him an opportunity to propose, adjustments that might have enabled him to continue working, a tribunal has found.
A tribunal has found that the Australian Human Rights Commission denied employees with intellectual disabilities procedural fairness when it approved a discrimination exemption for a widely used tool to assess disability wages.
An exemption to permit South Australia's courts to engage women-only in a "positive discrimination" program is being touted as an important step to address a substantial gender imbalance spotlighted a year ago by a Law Council study.