May 2018 Blog Posts (27)

Pinch of Thought - 3 Small principles to Supersize your performance

"Winter is coming”

The cold is about to rip through Sydney. OK, not exactly “Winter is coming” a la ‘Game of Thrones’, but the mercury is about to ‘plummet’ below 12 degrees!

I ride a (big red) motorbike - the only way to ‘fly’ in the log-jammed emerald city. I love the freedom to zip in and out, land close to where I need to be and (whisper this) park at the airport for FREE (a four letter word at Macquarie Group). But sitting still in the chill can get cold.…

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Added by Mark Hodgson on May 25, 2018 at 7:30 — No Comments

Issues with Intoxicated or Hungover Staff? What to do

Most adults like to indulge in the use of alcohol from time to time. Some even like to partake a little more frequently - which is generally not problematic, in the privacy of one's own home and social sphere.

But occasionally problems with alcohol or even drug consumption can creep into the workplace, with staff under the influence while at work or under performing because of the…

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Added by Vince Scopelliti on May 23, 2018 at 17:49 — No Comments

Why every leader needs to prepare now for the Royal Commission hearings

In the wake of the Financial Services Royal Commission, the industry has found itself in some turbulent waters. As the Commission ploughs through the maelstrom of mismanagement and misconduct, the banking and financial services sector is awash with reputational damage.

For many observes, it makes for an eye-opening and attention-grabbing spectacle. But there’s one cohort of individuals who are looking on with particular foreboding – the senior leaders who may be…

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Added by Joe Fischer on May 22, 2018 at 11:21 — No Comments

When trust is shattered, don't rush to pick up the pieces

II just want to get out of business. It is all too unethical,” said the woman at the gym, reflecting on a week of bad news about the behaviour of bankers and financial planners.

“I should have spoken up,” confessed another finance industry employee. “I didn’t know,” protested another.

Revelations from the Banking Royal Commission this month mean it is not just customers and regulators who are deeply disappointed in the finance industry, but also many of the…

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Added by Joe Fischer on May 22, 2018 at 11:15 — No Comments

Hush Hush, Hush! Why the term ‘hush money’ is misleading

Settlement agreements, terms of settlement, deeds of release or release and undertakings are all terms which are used interchangeably to refer to the binding and confidential agreements reached between parties in good faith to resolve claims or disputes. 

Employees can make any number of claims against their employer, including but not limited to:

  • Unfair dismissal claims;
  • General protections claims;
  • Underpayment claims; and
  • Discrimination…
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Added by Shane Koelmeyer on May 21, 2018 at 15:53 — No Comments

A New World Language: Managing emojis in the workplace

It started out as the humble smiley emoticon “:-)” in 1982 created by a computer scientist who wanted a “joke marker” to help people decipher his jokes in emails.

Some 36 years later, we now have an entire lexicon of emoticons (known as emojis) that can help decipher more than just jokes in an email. This lexicon includes a wider range of faces with emotions, hand and body gestures as well as other objects such as buildings, foods, animals and almost any other symbol you can think…

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Added by Shane Koelmeyer on May 21, 2018 at 15:48 — No Comments

Jailhouse Rock – Court orders jail term for owner-operator who failed to comply with orders resulting from Fair Work action

In June 2015, Judge Jarrett of the Federal Circuit Court of Australia found that a Northern Queensland-based tour company and its owner had underpaid five employees and contravened the Fair Work Act 2009 (Cth) (FW Act) (Fair Work Ombudsman v Trek North Tours & Anor (No.2) [2015] FCCA 1801).

Prior to commencing the Federal Circuit Court proceedings, the Fair Work Ombudsman (FWO) conducted an investigation into several complaints…

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Added by Shane Koelmeyer on May 21, 2018 at 15:38 — No Comments

Failing to Involve HR and Other Investigation Mistakes

Being able to conduct a competent workplace investigation is essential for employers, especially when allegations of bullying, misconduct or inappropriate office behaviour are made. 

Mistakes made during an investigation may result in serious consequences, including legal action. 

Let's take a look at the basics of an investigation, and some key mistakes to avoid.…

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Added by Vince Scopelliti on May 16, 2018 at 13:21 — 1 Comment

How To Choose The Best LMS For Your Organisation

If you want to know how to choose the best LMS for your organisation, here’s your answer…

There isn’t one.

I’m not being facetious either.

I’m willing to bet that, with all information in front of them, no-one in your organisation really wants an LMS. Even…

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Added by Kiren Kahlon on May 14, 2018 at 20:00 — No Comments

Vendetta, vendetta! FWC finds attempted character assassination and confidentiality breach valid reasons for dismissal

Managing conflicting personalities can be one of the most challenging aspects of being a manager. Particularly when low level disagreements escalate to formal complaints, investigations, attempts at character assassination and breaches of confidentiality.

These issues were recently traversed in the Fair Work Commission’s (FWC’s) decision in Lecaude v Westpac Banking Corporation T/A Westpac [2018] FWC 1969.

The employee in this case was dismissed after…

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Added by Shane Koelmeyer on May 14, 2018 at 10:35 — No Comments

Meet me halfway? FWC criticises employer’s inflexible refusal of Pilates

In commentary that is particularly fitting for the story behind it, the FWC has found an employer was unreasonably inflexible when it dismissed an employee who had requested to finish work 15 minutes early to attend prepaid Pilates classes.

In Khutson v Chesson Pty Ltd T/A Pay Per Click [2018] FWC 2080, the employee argued that her dismissal was unfair because she refused to sign a revised employment contract that, amongst other things, had sought to change her working hours…

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Added by Shane Koelmeyer on May 14, 2018 at 10:32 — No Comments

Not on the shop floor: Inappropriate workplace behaviour justified summary dismissal

In a clear sign that employers should act on inappropriate behaviour, the Fair Work Commission (FWC) has held, in Talevski v Chalmers Industries Pty. Ltd. [2018] FWC 1807, that an employee’s dismissal for serious misconduct arising from his unacceptable behaviour was not unfair.

The employee had been employed since 1986, most recently in the position of Handyman, with the employer who operated a truck transportation and logistics company.

In November…

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Added by Shane Koelmeyer on May 14, 2018 at 10:25 — No Comments

Create, Connect & Compete to unlock your hidden Super Powers

Feeling overwhelmed? You are not alone. As I scan my world or work, friends and family, I see more and more people struggling. Australians are portrayed as a laid back bunch of irreverents - always at the bar, the beach or the barbie. In truth, most are more likely to be at the grindstone - particularly in Sydney - one of the most expensive cities on the planet. Nice view, shame we don’t have time to take it in.

Blame it on the VUCA

We can put most of this down to…

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Added by Mark Hodgson on May 10, 2018 at 7:30 — No Comments

The challenge of dealing with Sexual Harassment Claims

How do you balance a victim or complainant centred approach with the realities of a sexual harassment claim in the workplace? There is a lot of talk at the moment about what is the best practise approach to sexual harassments claims in the workplace. From an HR perspective, it can be a real challenge.…

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Added by Tony Fell on May 10, 2018 at 6:00 — No Comments

Awareness, Acceptance and Action

Today we’re sharing a simple yet powerful model we’ve been using to help our clients work through the process of change. It’s called the Awareness Acceptance Action Model, and it’s a framework or continuum with three stages. Moving through each stage will help you experience a different response in any given situation so that you can create real change.

The reason it works so well is that it’s not possible to do a 180 and make a big change all at once. This just creates…

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Added by Jan Terkelsen on May 9, 2018 at 12:36 — No Comments

Identifying a Toxic Worker

Getting the mix of personalities in the workplace right can be extremely challenging. 

Creating a harmonious workplace is difficult at the best of times, and if a toxic personality is thrown into the equation, it can disturb the equilibrium of the workplace. 

Let's take a look at how you can identify and deal with a toxic worker in your organisation. …

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Added by Vince Scopelliti on May 9, 2018 at 10:30 — 2 Comments

How fear of conflict affects workplace communication

Humans by nature encounter situations in which conflict occurs - it’s an essential ingredient for resolving a problem. In a workplace environment where supervisors, subordinates, external stakeholders, clients and customers are all required to make collective decisions on a regular basis, conflict is bound to arise every once in a while. Conflict occurs in the workplace for many reasons. Perhaps a manager’s feedback isn’t received as well as she or he had…

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Added by David Leahy on May 8, 2018 at 11:07 — No Comments

The Rise of the Interim and Contracting HR professionals

Whilst having our weekly catch up across the Interim and Contracting teams, armed with coffee and curiosity, we got to thinking (dangerous but true!).

  • What HR skills are most in demand across the market? Analytics, Soft critical thinking, or change?
  • What is going on across the interim markets? Are we seeing growth through extended contracts?
  • What’s the ratio of Interim v Permanent placements as the shift to flexible working styles continues to…
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Added by alan clare on May 7, 2018 at 18:29 — No Comments

Show and Tell: Employer ordered to advise employees about FWC’s stop-bullying orders

The purpose of the Fair Work Commission’s (FWC’s) anti-bullying jurisdiction as provided by the Fair Work Act 2009 (Cth) (FW Act) is not to punish bullies or to compensate an individual who has been bullied but to prevent future bullying in the workplace. It is for this reason that the jurisdiction does not allow the FWC to make a monetary order. The FWC does however have a broad jurisdiction to make any other orders it sees appropriate to prevent…

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Added by Shane Koelmeyer on May 7, 2018 at 16:19 — No Comments

Director delusion: FWC finds title of “Director” not sufficient to defeat award coverage

To be protected from unfair dismissal the Fair Work Act 2009 (Cth) (FW Act) requires an employee to:

  • Have completed the minimum period of employment; and
  • Earn less than the high income threshold; or
  • Be covered by a modern award or enterprise agreement.

It has often been the case that “managers” and senior officers of an enterprise will not be covered by a modern award or enterprise agreement, given the executive…

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Added by Shane Koelmeyer on May 7, 2018 at 16:13 — No Comments

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