Australia: Is it time for employers to change their approach? Respect@Work – the Australian Human Rights Commission’s (AHRC) workplace sexual harassment report

On 5 March 2020, the Australian Human Rights Commission (the Commission) released its long-awaited report on sexual harassment in Australian workplaces, “Respect@Work”. The report is the culmination of an 18-month inquiry, led by Sex Discrimination Commissioner Kate Jenkins. It is comprehensive and data-driven, and concludes (amongst other things) that the current legal framework is, in … Read more

Australia: Victorian State Election update: Labor is re-elected for a second term – what does this mean for industrial relations in Victoria over the next four years?

The Victorian state election on Saturday 24 November 2018 was characterised by large swings, with the Liberal party losing several previously safe seats and Premier Daniel Andrews successfully leading the ALP to a clear victory, having significantly increased its majority. So what will this mean for businesses? Read more

APAC: Workplace Harassment

The daily allegations of harassment in the press and social media campaigns highlighting the prevalence of harassment around the world should prompt business leaders and HR teams to ensure that they understand their obligations and review whether their internal processes will effectively manage employee complaints and withstand scrutiny. With this in mind, this month, we … Read more

Australia: WHS Discrimination – A Question of Fact

A recent decision of the Victorian Supreme Court of Appeal has considered the ‘prohibition against discrimination’ offence provisions in the Occupational Health and Safety Act 2004 (Vic) (OHSA). Judicial consideration of these provisions is rare. In the harmonised jurisdictions there has been none. That said, the case demonstrates a trend we are seeing in regulators’ … Read more

Australia: Dismissal for criminal convictions – The importance of proper identification of inherent requirements and considering mitigating factors

A recent report by the Australian Human Rights Commission (AHRC) reinforces the risks in dismissing an employee on the basis of past criminal convictions. Employers should exercise caution in dismissing an employee on the basis of their criminal record. It cannot be assumed that antisocial criminal conduct will be regarded as depriving an employee of … Read more