An employer that sacked a worker by text message has failed to prove the dismissal was performance-related rather than discriminatory. Also in this article, a wrap of recent termination rulings; Australian leaders are too accepting of underperformance; Ageist workplace myths prevail; and more.
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The Federal Court has reaffirmed that employment policies aimed at addressing gender imbalance are protected from discrimination legislation, in a case brought by a former employee who alleges he was overlooked for a promotion because he is a man.
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'Returnships' could help organisations solve many of their talent, skills and diversity challenges, yet employers remain needlessly wary of hiring older workers.
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Proposed discrimination legislation would impact codes of conduct at Australia's large employers. Also in this article: an employer's $7m classification mistake; voluntary mental health disclosures; and more.
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A union has launched a class action on behalf of long-term casuals, seeking annual leave entitlements estimated at $12 million. Also in this article: discrimination accounts for a growing proportion of reasons behind the gender pay gap.
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A same-sex couple's repeated attempts to relocate so they could live together did not lead to adverse action – but the employer could have adopted "a more proactive and supportive approach", the Federal Court has ruled.
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A director who complained one employee had "pulled the family card" when she missed work for "family reasons", did not discriminate on the grounds of gender or family responsibilities against another employee who he allegedly said cried "like a girl", a tribunal has found.
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An employer's delay in allowing an employee to bring her service dog to work was "arguably poor" from a process point of view, but was not disability discrimination, a tribunal has found.
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The Fair Work Ombudsman has warned employers to "get their house in order" or risk higher penalties under its new, tougher approach to non-compliance. Also in this article, data on the extent of unplanned sick leave around public holidays; an employer's 'identity' discrimination exemption; and more.
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Employers have substantially lifted their game on LGBTI inclusion in the past year, and the top-performing organisations are no longer just banks and professional services firms, results of the Australian Workplace Equality Index show.
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