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Discrimination, Bullying and Harassment

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We all become sick of mornings at some point, whether it’s ‘Mondayitis’ or extreme regret at signing up for 5am corporate boot-camp with your colleagues. However, a recent decision in Victoria has recognised severe morning sickness (the legitimate, pregnancy-related kind) as a disability for the purposes of State anti-discrimination laws, awarding $10,000 in general damages for associated discrimination. Severe morning sickness a disability The employee in this case was successful in her initial claim that…

The Fair Work Commission has released an updated version of its “Anti-bullying Benchbook” to assist parties lodging or responding to bullying claims made to the Commission. The information book was first published in January 2014 when the Fair Work Act anti-bullying provisions commenced. It is intended to provide guidance regarding the Fair Work Act’s anti-bullying provisions and act as a “how to” manual for parties preparing materials to be submitted to the Commission in a…

The implied term of mutual trust and confidence may be dead and buried after the High Court’s decision in CBA v Barker. However, employers still risk having what are intended to be discretionary “conduct” and investigation policies and procedures implied into their contracts of employment. In a recent decision, the Full Court of the Federal Court of Appeal found that an employer had breached an employee’s contract through a failure to appropriately implement procedures outlined in…

The Fair Work Commission has revoked anti-bullying orders upon the application of a complainant employee (applicant) who advised that the orders had been effective, and were no longer required. Back in March 2014 the Fair Work Commission (FWC) published its first substantive orders in response to a claim brought under new anti-bullying laws that commenced on 1 January 2014 (see our post on the orders made here). In Applicant v Respondent (AB2014/1052), a number of…