Over $1.4 million in damages: Landmark ruling on psychiatric injury
The High Court of Australia has handed down a landmark decision. It ordered Vision Australia to pay $1,442,404.50 in damages for breaching the terms of an employee’s contract through a “disgraceful” termination process, which led to psychiatric injury.
The employee was dismissed after an investigation was launched into allegations of misconduct; a defective disciplinary process described as a ‘sham’. The decision to dismiss the employee was informed by previous allegations of misconduct against the employee which were not put to him.
The primary judge found Vision Australia to be in breach of the employee’s contract, but the finding was overruled by the Victorian Court of Appeal last year. The High Court has now held that the liability of psychiatric injury is not beyond the realm of contractual duty.
This decision overturns the precedent set by a 1909 English case, that workers are unable to recover damages for psychiatric injury suffered as a result of breach of contract.
Nine News executive sacked after Christmas party incident
Channel nine has dismissed Darwin executive producer David Richardson after allegations of inappropriate remarks at a work Christmas Party last week.
Richardson was dismissed just hours after the company received a formal complaint relating to remarks allegedly made at a party on the weekend. Further details of the incident are not yet known. This marks the latest high-profile departure amid the network’s culture crisis, as the saga continues.
Employers warned to be cautious in use of AI for hiring
The State of AI in Australian Human Resources Report found that 39.4% of those using AI in recruitment believe that it discriminated against under-represented groups, including culturally diverse people, people aged over 55, Aboriginal and Torres Strait Island peoples, those with a disability or neurodiverse, women, and people from a lower socio-economic background.
However, only 23.4% of respondents had actually reviewed or examined their AI tools to determine whether it really disadvantaged these groups. Among those who did, 48.1% said discrimination took place. The findings suggest that despite concerns about bias, few organisations have closely examined the AI tools used in their business.
This report underscores the importance of human oversight to ensure the ethical use of AI, which is critical to supporting equity and diversity in the workplace, and mitigating risks of bias and discrimination.
Rio Tinto and BHP face sexual harassment class actions
Landmark class actions have been filed in the Australian Federal Court against mining giants Rio Tinto and BHP, with several former female employees detailing their experiences of sexual harassment and gender discrimination.
The conduct described in the lawsuits described instances of female staff receiving unsolicited sexually explicit messages and videos from colleagues, as well as being urinated on, sexually harassed over the radio and witnessing colleagues defecate in from of them. One of the women recounts times that she declined to report incidents for fear of negative repercussions to her career and personal safety. Another applicant shared an experience where a colleague filmed female staff in their rooms and stole personal items such as underwear. The same applicant claimed she faced retaliation after reporting the incident and was later terminated. She was allegedly offered a non-disclosure agreement as part of a compensation package, which she rejected.
The lawsuits are expected to attract thousands more claimants, with women who were subject to harassment or discrimination while working for the companies since November 2003 eligible to join.
Employee fired for sending inappropriate lollies to colleague
The Fair Work Commission (FWC) has upheld Australia Post’s decision to terminate a postie who sent inappropriate lollies to a colleague as a prank. The employee was among three who were terminated for serious and wilful misconduct in June after sending the sexually explicit products to a colleague, violating the company’s workplace ethics and anti-discrimination and harassment policies.
The FWC ruled that Australia Post’s decision was justified, and the dismissal was not harsh, unjust nor unreasonable.
Calls for independent police racism review
Last month, a Northern Territory Independent Commissioner Against Corruption and NT Police joint investigation into racism within the force handed down its final report, which found no further evidence of racist behaviour in the force since 2015, closing the matter.
The Central Land Council released a statement last week criticising the findings for not reflecting the racism experienced by Aboriginal people. It has called for a truly independent review that does not cast doubt on the lived experience of Aboriginal people in the NT and its police force, emphasising that truth telling is the first step toward an anti-racist system.
The NT Anti-discrimination Commissioner has backed calls for an independent review, arguing that lack of funding has stalled progress in tackling systemic racism in the NT Police Force. A NT government spokesperson has said that an anti-racism strategy will be implemented early next year by the NT Police.
Report finds discrimination and sexual harassment in QLD police force
A human rights commission report has found discrimination and sexual harassment at the heart of Queensland Police Culture, with a roadmap for culture change presented on Tuesday, providing 36 recommendations.
The review revealed systemic discrimination in the force against women, First Nations and culturally diverse officers, driven by outdated attitudes embedded within long-standing practices and procedures. Many complain that the force is a ‘boys club’, with avenues for promotion based on favouritism and high-ranking women told that they must have ‘slept their way to the top’. The report described a culture where complaints are discouraged, and victims are told to stay silent.
The QLD Police Commissioner has said he is committed to change, with a formal response expected in three months.
Olympic coach under investigation for inappropriate conduct
An investigation into disgraced Australian Olympic pole-vaulting coach Alex Parnov has revealed further allegations of inappropriate behaviour. Coaching at the Western Australian Institute of Sport from 1998 to 2019, seven women have alleged they were exposed to inappropriate conduct and actions by Parnov.
It is alleged that the Western Australian Institute of Sport (WAIS) had failed to act when complaints had been made by athletes during Parnov’s tenure. An investigation was conducted by the WAIS in 2019 that resulted in Parnov being banned for life from obtaining re-accreditation to coach in the sport.
Australian gold medallist Nina Kennedy has been vocal about the culture of abuse in the sport and lack of response taken by authorities to promote change. She was one of the athletes who lodged a complaint about Parnov, noting that the 2019 investigation did not reflect the seriousness of the misconduct nor did the repercussions match the severity of the findings.
Athletics Australia said they have requested a review to be conducted by Sport Integrity Australia into the handling of the organisation when complaints of Parnov’s behaviour were first made.
EEO Specialists works with organisations to enable safe and respectful workplaces. We offer a range of in-person workshops as well as online courses. If you would like to have a confidential discussion about workplace behaviour and compliance, please call Franca Sala Tenna on 0405 134 187 or email franca@equalopportunitytraining.com.au