A worker who claims he was bullied "on a shocking scale" has been allowed to pursue his adverse action case against his former employer (whose response to bullying incidents was slammed by a WHS regulator), with a full Federal Court setting aside a judge's "extraordinary" decision to dismiss the matter because of the worker's mental illness.
A commission has stood behind its decision to stand over rather than extinguish a worker's stop-bullying application, after hearing he perceived being excluded from his workplace and otherwise bullied while working remotely for the coronavirus pandemic.
A full Federal Court has blasted a company director's claims that his s-xual pursuit of a worker was "honourable", finding his purportedly romantic actions were not distinguishable from the "tawdry" and traumatising acts of harassment he subjected her to.
A project examining cases of work-related post-traumatic stress disorder, in supposedly low-risk occupations, has warned that women often experience hostile behaviour and even "mobbing" when they return to work from maternity or sick leave.
An employer's purported failure to comply with its WHS duties, apply its anti-bullying policies or actively supervise school students did not materially cause an incident where a worker was struck on the back of the head by a soccer ball, a judge has ruled in a $600,000 damages case.
A major employer has been ordered to pay a worker more than $1 million in damages, after his superior supplied unproven allegations against him to a medical assessor, who used the information to find the worker was psychiatrically disturbed and not fit to perform his job.
Legal researchers have called for employers to use workplace investigations to eliminate s-xual harassment risks instead of silencing complainants, and warned that COVID-19 is making it harder to detect poor behaviour. Meanwhile, studies have identified links between unsupportive leaders and poor health from bullying and harassment.
Australia's recovery from COVID-19 has the earmarks of an industrial safety disaster, but also presents an unprecedented opportunity for WHS professionals to become a trusted voice in their organisations going forward, a leading safety lawyer says.