Where a disciplinary process involves discussions about dismissal, employers should not unreasonably refuse a request from the employee to have a support person present. We have discussed the role of the support person in previous posts. A support person can include a friend, family member, an impartial colleague or a union representative.
The presence of a support person or a representative affords the employee a degree of procedural fairness whereby they can turn to a trusted…Continue
Added by Shane Koelmeyer on June 4, 2018 at 16:12 — No Comments
The Fair Work Commission (FWC) recently considered an unfair dismissal application lodged by an employee who was summarily dismissed in a Facebook Messenger chat.
In Morris v Alphaeus Hair Salon  FWC 2642, Commissioner Riordan was provided with a Facebook Messenger chat transcript in which a salon owner accused an employee of participating in a conspiracy against him before advising her: “Good luck in your new job if you can find…Continue
Added by Shane Koelmeyer on June 4, 2018 at 16:11 — No Comments
The Fair Work Commission (FWC) has applied a “common sense” approach to a recent unfair dismissal claim that involved intimidating and threatening behaviour by a supervisor towards a subordinate employee via text message and on social media.
In Natoli v Anglican Community Services t/a Anglicare  FWC 2180, a Servery Supervisor at a residential aged care facility was summarily dismissed after it was determined that she had sent inappropriate text messages…Continue
Added by Shane Koelmeyer on June 4, 2018 at 16:07 — No Comments
Added by alan clare on June 1, 2018 at 14:30 — No Comments
Continuing our series of short videos on the subject of workplace investigations. It’s a subject that’s often misunderstood and even mishandled by leaders, managers and HR personnel. Today’s question...
Added by Catherine Gillespie on May 31, 2018 at 8:30 — No Comments
Collaboration is one of those bullshit bingo buzz-words tossed around organisations like confetti. It implies ‘teamwork’ and that ‘we’re all in it together’. Which of course is how it should be – it’s just rarely true. In many businesses the environment is anything but collaborative.…Continue
Added by Mark Hodgson on May 31, 2018 at 7:30 — No Comments
Given how much time employees spend at work every week, it is hardly surprising that romantic relationships develop in the workplace.
But what happens when a romance is inappropriate, or attraction crosses the line into sexual harassment?
While there is nothing illegal about a workplace relationship between…Continue
Added by Vince Scopelliti on May 30, 2018 at 10:30 — No Comments
There are so many myths that remain around managing employment matters. Things like “In all circumstances, you must give 3 warnings before termination” or “if you’ve offered EAP to a distressed employee you have met your “care” obligations” and…Continue
Added by Zandy Fell on May 30, 2018 at 6:00 — No Comments
‘The fabric of decency is torn’.
We are outraged at those in power who have permitted a culture that lacks integrity, decency, grace, humility, honesty.
But is that the result of our complacency? Is our complacency ‘the friend and enabler of those in authority who wish to take advantage of others?’
Have we been distracted by our own ‘busyness’ such that we haven’t stopped to scrutinise and question? Unfortunately, ‘too few of us bother…Continue
Added by Catherine Gillespie on May 28, 2018 at 13:47 — No Comments
How to motivate my team? It’s a common but elusive question that many people leaders struggle with. Your team's drive and desire to perform well is key to their productivity and success. Yet the truth is, you can't really motivate people unless they want to do it themselves. So where does that leave you? In this post and this …Continue
Added by Jan Terkelsen on May 28, 2018 at 12:15 — No Comments
"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.…Continue
Added by Mark Hodgson on May 25, 2018 at 7:30 — No Comments
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…Continue
Added by Vince Scopelliti on May 23, 2018 at 17:49 — No Comments
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…Continue
Added by Joe Fischer on May 22, 2018 at 11:21 — No Comments
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…Continue
Added by Joe Fischer on May 22, 2018 at 11:15 — No Comments
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:
Added by Shane Koelmeyer on May 21, 2018 at 15:53 — No Comments
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…Continue
Added by Shane Koelmeyer on May 21, 2018 at 15:48 — No Comments
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)  FCCA 1801).
Prior to commencing the Federal Circuit Court proceedings, the Fair Work Ombudsman (FWO) conducted an investigation into several complaints…Continue
Added by Shane Koelmeyer on May 21, 2018 at 15:38 — No Comments
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.…Continue
If you want to know how to choose the best LMS for your organisation, here’s your answer…
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…Continue
Added by Kiren Kahlon on May 14, 2018 at 20:00 — No Comments
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  FWC 1969.
The employee in this case was dismissed after…Continue
Added by Shane Koelmeyer on May 14, 2018 at 10:35 — No Comments