Sex Discrimination Commissioner Elizabeth Broderick has called for greater powers to proactively investigate workplaces and sectors where sexual harassment is prevalent, instead of relying solely on complaints.
A worker has been denied compensation for a psychological injury after he failed to convince the Queensland Industrial Relations Court that a workplace investigation was not conducted in a "reasonable" way.
It is the way managers deal with employee complaints - rather than the subject of the complaints - that can trigger workers to launch legal claims, according to Hicksons workplace relations practice manager, Brad Swebeck.
The Federal Court has "set in stone" what constitutes procedural fairness, after finding a workplace investigation was flawed and lacking natural justice, according to Wise Workplace Investigations principal, Jo Kamira.
Problems with difficult employees never resolve themselves and, if left unaddressed, can expose employers to legal risks, says workplace lawyer Brad Petley.
A recent court case and fines totalling $330,000 show that employers with knowledge of inappropriate behaviour at work "have to do something about it", says Sparke Helmore special counsel, Adam Saunders.
A $466,000 damages award is a timely reminder of how devastating the effects of workplace sexual harassment can be on both the victim and the employer if the issue is dealt with poorly, says Harriet Stacey of WISE Workplace Investigations.
Proper investigation of workplace incidents and complaints can help protect employers against legal claims by employees, but many HR managers lack the skills to conduct them. Here, an employment lawyer and former police investigator explains how they're done.
A rigorously applied anti-bullying strategy adhering to the "five pillars" of the risk management process is vital in eliminating workplace harassment and protecting employers from stress-related legal action, according to a HopgoodGanim Lawyers report.
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