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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.

Judge's reasons "a disordered stream of consciousness"

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.


One Nation and Coalition block "positive duty" change

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.

Lawyer permitted in anti-bullying case to avert "scarring"

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".

Listed company's $5m adverse action payout quashed

A full Federal Court has quashed a software company's $5.2 million general protections payout and ordered a retrial after finding that the judge in awarding record compensation to the former Victorian state manager failed to provide adequate reasons in his 350-page decision.



Name and shame threat for recalcitrant pollies

The Morrison Government will establish an independent complaints mechanism to handle sexual harassment, assaults and bullying in Federal parliamentary workplaces, while it is also considering "naming and shaming" MPs and senators who fail to undertake anti-harassment training.

Manager seeking $200K was in cahoots with rival: Ex-employer

A former United Petroleum business sales manager who claims she was sacked for filing a workers' compensation claim and complaining of bullying was in fact ousted for trying to poach its clients and set up a rival business, the fuel retailer alleges.