Sladen Thoughts

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Jasmine O'Brien 24/11/22 Jasmine O'Brien 24/11/22

Costly Lesson for Employee’s Conduct – Vicarious Liability and Sexual Harassment

The Victorian Civil and Administrative Tribunal (Tribunal) found an employer to be vicariously liable for the unlawful sexual harassment of an employee. The employer was ordered to pay $150,000.

20/10/22 20/10/22

Flawed investigation results in reinstatement of training instructor who stared at colleague’s chest

It is common for employers to face conflicting versions of events when investigating sexual harassment complaints. When dealing with such instances, employers are required to assess the reliability and credibility of the evidence to make findings on the balance of probabilities.

6/10/22 6/10/22

Hasty termination lands employer in hot water

Acting with emotion (rather than logic) can unfortunately lead cause an employer to make poor or irrational decisions about terminating an employee’s employment.

6/9/22 6/9/22

Flight Attendant Reinstated After Employer’s Unfair Process

Employers will often refer on previous warnings to support of a decision to terminate the employee’s employment for misconduct. However, a recent case involving Virgin Australia is a reminder for employers to give employees the opportunity to respond to any reliance on former warnings before making a decision to terminate.