Topic
4 articles from our Tips & Trends archive.
Yes, according to NSWIRC (decision) where it confirmed that poor investigation processes and ill considered alternative duties can themselves breach WHS duties and expose workers to serious psychosocial harm.
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FWC recently in Courtney Sewell v dnata Airport Services Pty Limited [2025] FWC 2823 found that serious flaws in dnata’s handling of a sexual harassment complaint—combined with its refusal to adjust rosters – left the employee with no choice but to resign. The employee reported that a male colleague made inappropriate comments about her wearing a hijab and mini skirt to a social event, which made her feel extremely uncomfortable. She followed internal channels to report the incident, but the investigation process quickly began to unravel.
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The Federal Court recently (Dorsch v HEAD Oceania Pty Ltd [2024] FCA 162) held that a critical and insensitive manager who routinely swore at his direct reports in a mis-guided attempt to motivate them warranted summary dismissal.
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A recent NSW district court decision (SafeWork NSW v Marist Youth Care Limited [2024] NSWDC 74) has imposed fines and costs totalling $440,000 after employees were subject to sexualised and aggressive behaviour in a community-based residential home program.
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Tips & Trends
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