Australia: “What is the ruin of a person’s quality of life worth?”: Hughes v Hill confirms the upward trend in damages for sexual harassment

In Hughes v Hill, the Full Federal Court emphatically dismissed a solicitor’s appeal against a finding that he had sexually harassed a paralegal and against damages which he asserted were “manifestly excessive”. In doing so, the Court made it clear that the highest level of damages (both general and aggravated) will be available – and justified … Read more

Australia: National Inquiry into Sexual Harassment in Australian Workplaces

On 5 March 2020, the Australian Human Rights Commission released its fourth national survey on Sexual Harassment in Australian Workplaces. The report has wide-ranging implications for employers – from a policy perspective and what it means to the culture of the workplace. In case you missed it, the Employment, IR and Safety team hosted a … Read more

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