Posts: positive duty

As the silly season approaches, employers must ensure that they thoughtfully plan their end-of-year celebrations and carefully consider the potential risks associated with hosting work-related functions.

Under the anti-bullying jurisdiction of the Fair Work Act 2009 (Cth), the Fair Work Commission has the broad power to make an order (other than monetary payment) that it considers appropriate to prevent a worker from being bullied at work.

A recent decision of the Victorian Civil and Administrative Tribunal, which has resulted in an employer being required to pay an employee over $53,000 in compensation, has highlighted the need for employers to inform themselves of their obligations in relation to eliminating workplace sexual harassment, victimisation and sex discrimination.