Phil O'Brien
  • Sydney NSW
  • Australia
Share
 

Phil O'Brien's Page

Latest Activity

Phil O'Brien posted blog posts
yesterday
A blog post by Phil O'Brien was featured

Are managers and HR professionals the forgotten victims of complaints in the workplace?

We know that bullying, harassment and sexual harassment in the workplace is stressful to the victims, but it is often forgotten that the responsibility for dealing with and/or investigating these matters can also be very stressful on managers and HR professionals.I wonder if this stress is the cause of investigations either not being done at all or being done in a less than effective manner. Managers and HR professionals are often blamed if they get it wrong, or take to long and you can't…See More
Sunday
A blog post by Phil O'Brien was featured

Workplace Misconduct - Things to consider when terminating an employee

Recently an employee who was terminated for workplace misconduct as as result of drinking too much alcohol on Anzac Day and was awarded $8229.00 after the Fair Work Commission found that her dismissal was valid but none the less harsh under the circumstances.Avril Chapman was employed by the Tassal Group. Her job  involved scaling, slicing, weighing and packing fish.  She had  been employed since 1 August 2012 and was terminated for workplace misconduct on 1 May 2017.On 25 April 2017, Chapman…See More
Sep 13
Phil O'Brien posted a blog post

Workplace Misconduct - Things to consider when terminating an employee

Recently an employee who was terminated for workplace misconduct as as result of drinking too much alcohol on Anzac Day and was awarded $8229.00 after the Fair Work Commission found that her dismissal was valid but none the less harsh under the circumstances.Avril Chapman was employed by the Tassal Group. Her job  involved scaling, slicing, weighing and packing fish.  She had  been employed since 1 August 2012 and was terminated for workplace misconduct on 1 May 2017.On 25 April 2017, Chapman…See More
Sep 13
Katie McLean liked Phil O'Brien's blog post Misconduct Investigation Allegation Letters
Aug 2
A blog post by Phil O'Brien was featured

Misconduct Investigation Allegation Letters

When AWPTI conducts an investigation we provide all the documentation including letters of allegation to our clients however I am often asked “Should we provide some sort of letter or email with the allegations?” The answer is always YES.Why: Recently I published an article about allegation letters, procedural fairness and why it is essential…Read moreIn the case at the FWC of …See More
Jul 27
A blog post by Phil O'Brien was featured

Top Ten tips for conducting internal workplace investigations

When faced with issues of workplace misconduct or complaints or grievances employers have a duty of care to respond in a manner that ensures a safe working environment. – Read more about the duty of careGenerally when you receive a complaint you have 3 choices;1. Outsource to an external investigator (See what the FWC had to say about outsourcing investigations – …See More
Jul 26
Phil O'Brien posted blog posts
Jul 26
2 blog posts by Phil O'Brien were featured
Jul 24
Phil O'Brien posted blog posts
Jul 24
A blog post by Phil O'Brien was featured

Workplace Investigators behaving badly

The presence of bias be it actual or perceived during an investigation can derail the entire investigation and undermine any findings and recommendations.As I mentioned in the previous article, Workplace Investigation Biased process, complaint of bias are often raised relating to two areas, the investigation process itself or the investigation interviews.This article will examine…See More
Jun 27
Phil O'Brien posted blog posts
Jun 27
2 blog posts by Phil O'Brien were featured
Jun 26
A blog post by Phil O'Brien was featured

Workplace Investigation Allegations and Procedural Fairness

During the course of an investigation there comes a point where you must ensure that the person subject of a complaint is afforded procedural fairness.Failure to afford an employee Procedural Fairness can result in;Successful unfair dismissal action by terminated employees at the Fair Work CommissionOrders for compensation against the employerOrders for reinstatement of the terminated employeeNegative publicity and damage to brand imageNegative impact on the business in generalGeneral rules of…See More
Jun 22
Phil O'Brien posted a blog post

Workplace Investigation Allegations and Procedural Fairness

During the course of an investigation there comes a point where you must ensure that the person subject of a complaint is afforded procedural fairness.Failure to afford an employee Procedural Fairness can result in;Successful unfair dismissal action by terminated employees at the Fair Work CommissionOrders for compensation against the employerOrders for reinstatement of the terminated employeeNegative publicity and damage to brand imageNegative impact on the business in generalGeneral rules of…See More
Jun 21
Phil O'Brien posted a blog post

Workplace Investigation Questions to ask and not to ask

Workplace Investigation Questions and the question of what and how to ask questions during an interview.The interview is typically a means to gather evidence, to clarify point made in a complaint, to find out what people saw, heard or experienced and also an opportunity for the person subject who is the subject of the complaint to provide their side of the story.There are two key elements to the actual interview that are of paramount importance - asking questions and listening to the answers.It…See More
May 22

Profile Information

What would you like to share about yourself?
I am a highly experienced and skilled workplace investigator and trainer and lawyer who can take the stress out of conducting workplace investigations and provide you and your employees with up to date a relevant training in the areas of misconduct, Reasonable Management Action, performance management, bullying & harassment and other issues facing employers and workplaces.

You can contact me on 0409 078 322.
Company website/blog
http://www.awpti.com.au
Personal blog
http://www.awpti.com.au/blog
How many employees in your company?
1-49
What areas of HR are you particularly passionate about?
Employment Law
Workplace Investigations
Performance management
Workplace training
What kind of networking are you open to?
Open networking, Referrals between friends

Phil O'Brien's Blog

Why does your organisation need Anti Bullying Training?

Posted on October 16, 2017 at 17:00 0 Comments

 

  1. The make sure that you employees understand what workplace bullying is and what it is not
  2. To support the health and well being of your employees by taking steps to eliminate bullying from your workplace
  3. To support your policies, polices alone cannot stop bullying
  4. To make sure that you employees know the consequences if they engage in bullying in the workplace
  5. To show your employees that you are serious about protecting their health and well…
Continue

Are managers and HR professionals the forgotten victims of complaints in the workplace?

Posted on October 16, 2017 at 7:30 0 Comments

We know that bullying, harassment and sexual harassment in the workplace is stressful to the victims, but it is often forgotten that the responsibility for dealing with and/or investigating these matters can also be very stressful on managers and HR professionals.

I wonder if this stress is the cause of investigations either not being done at all or being done in a less than effective manner. Managers and HR professionals are often blamed if they get it wrong, or take to long and you…

Continue

Workplace Misconduct - Things to consider when terminating an employee

Posted on September 13, 2017 at 8:00 0 Comments

Recently an employee who was terminated for workplace misconduct as as result of drinking too much alcohol on Anzac Day and was awarded $8229.00 after the Fair Work Commission found that her dismissal was valid but none the less harsh under the circumstances.

Avril Chapman was employed by the Tassal Group. Her job  involved scaling, slicing, weighing and packing fish.  She had  been employed since 1 August 2012 and was terminated for workplace misconduct on 1 May 2017.

On 25…

Continue

Top Ten tips for conducting internal workplace investigations

Posted on July 26, 2017 at 8:00 0 Comments

When faced with issues of workplace misconduct or complaints or grievances employers have a duty of care to respond in a manner that ensures a safe working environment. – Read more about the duty of care

Generally when you receive a complaint you have 3 choices;

1. Outsource to an external investigator (See what the FWC had to say about outsourcing investigations…

Continue

Comment Wall

  • No comments yet!

You need to be a member of HR Daily Community to add comments!

Join HR Daily Community

 
 
 

© 2017   Created by Jo Knox.   Powered by

Badges  |  Report an Issue  |  Terms of Service