All Blog Posts (2,274)

Summary dismissal: do you have the grounds?

Summary dismissal is dismissal without notice. It does not require advance notice to the employee and wages are only paid to the time of dismissal. An employer has a legal right to summarily dismiss an employee without notice for serious misconduct or other conduct which justifies such dismissal.

Employers should always think very carefully and thoroughly consider the options before making a decision to immediately or…

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Added by Phil O'Brien on May 10, 2017 at 8:00 — No Comments

Get to Know Your Users Through Data Analysis

Users may exhibit different behaviors and show their preference towards videos of various types on a social media platform. For a media platform, these data coming from users proves very important to make a more comprehensive assessment. Thus, it’s important for a media platform to dig into what are sought after by its users and how to get more insights from these users to offer more pleasant service and generate more sales leads.…

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Added by Nora Choi on May 9, 2017 at 19:06 — No Comments

An age-old problem: age bias in talent management

Are you too young, too old or too close to parenting age to be deemed an ideal candidate for development or promotional pathways? What about succession planning or flexible working options?

If you think unconscious age bias isn’t a factor in an organisation’s workforce planning, think again. A survey by recruiting experts Hays of 1,516 people across Australia & New Zealand shows more than seven in ten…

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Added by Eliza Kirkby on May 9, 2017 at 16:10 — 2 Comments

Your Employees Hold the Key to Innovation

Innovation remains a key focus and stated priority for many organisations, and for good reason. The world is enamored with disruptive companies success stories because they create a desire to a) create their own equally disruptive offerings and b) a fear of becoming obsolete. But with disruption…

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Added by Brennan McEachran on May 8, 2017 at 20:30 — No Comments

Don’t defy, comply: Improvement and prohibition notices

A Person Conducting a Business or Undertaking (PCBU) could have in place measures to control risks in the workplace, including amongst other things, implementation of  safe work method statements (SWMS), regularly conducting risk assessments and holding regular training in order to prevent and manage risks to work health and safety . …

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Added by Shane Koelmeyer on May 8, 2017 at 18:01 — No Comments

Employment Law Essentials – Substantive Fairness

When considering whether a dismissal is unfair, the Fair Work Commission (the FWC) will have regard to two types of fairness – procedural fairness and substantive fairness.

Procedural fairness is about natural justice and the procedure followed by an employer when terminating an employee’s employment. We discussed procedural fairness in our…

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Added by Shane Koelmeyer on May 8, 2017 at 17:57 — No Comments

System Alert: Why businesses should have compliant employment and payroll processes

Recenty, MAdE Establishment Group (the Group) and its celebrity chef director and founder went public with a mea culpa that it underpaid the wages of at least 162 employees across its Melbourne restaurants.

The Group issued the public apology to employees for the underpayments which relate to the calculation of overtime rates and the incorrect…

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Added by Shane Koelmeyer on May 8, 2017 at 17:48 — No Comments

Seeking Resilience From Within

Awareness, presence, balance and stillness are all words we associate with mindfulness. However, life is full of challenges and stressful situations, so how does mindfulness stack up when you need it the…

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Added by Kate Zourkas (nee Eggleston) on May 8, 2017 at 11:50 — No Comments

Misconduct Investigations: avoiding bias

It is not uncommon especially when the outcome is disputed, for an employee subject of a complaint or grievance to claim that the investigation was unfair or investigator was bias or perhaps a conflict of interest existed, especially if there is an adverse finding.

How do you counter an employee’s claim that you may be bias in the investigation if you have prior knowledge of the parties and there is no one else that…

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Added by Phil O'Brien on May 8, 2017 at 9:30 — No Comments

3 Steps to having a Happy Boss

Effective management requires discipline . . . but not necessarily the discipline you think – I’m talking about self-discipline. I’ve recently been doing a lot of Executive Coaching for Senior Managers and Directors and there is a common theme that frequently comes up . . . ‘ wanting some quality time…

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Added by David Klaasen on May 5, 2017 at 18:39 — No Comments

Stopping workplace bullying, harassment, sexual harassment – what can you do?

Firstly it is important to accept that you can’t stop it 100%, but what you can do is take all reasonable steps to reduce the risk of workplace bullying harassment and sexual harassment to your employees and your business.

Workplace bullying, harassment and sexual harassment is damaging to those who experience it, those who witness it and can be very damaging and costly to the organisation.

Reasonable steps to reduce the risk

Stopping workplace bullying,…

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Added by Phil O'Brien on May 5, 2017 at 13:30 — No Comments

Sexual harassment myth busting

In spite of a number of matters in courts and tribunals sexual harassment in the workplace continues to be an issue.

As a workplace investigator and trainer I come across many opinions, beliefs and myths about what is and what is not sexual harassment and where is the line drawn?

Some of the most common myths around sexual harassment

Myth: I can’t report sexual harassment as no one will believe…

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Added by Phil O'Brien on May 5, 2017 at 9:30 — 2 Comments

What? I’m Linkedout by my restraint?

Abiding by your restraints in a post-employment relationship may go deeper than you think and involve activities and conduct on your social media pages, as Luke Connolly explains.

So you've decided to move on with your career and take up an exciting role with a competitor. The problem is you signed a restraint that, on its face, prevents you from poaching employees and clients for 6 months.

You move to your new employer and all starts well. You think you are…

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Added by Luke Connolly on May 4, 2017 at 12:05 — No Comments

We were warned.......

We were warned.  The Fair Work Ombudsman (FWO) has had professional advisors in its sights for a while now and it appears that in the decision of FWO v Blue Impression Pty Ltd & Ors [2017] FCCA 810, they have got their first scalp, or have they?

Is it as frightening to professional advisors as it seems?  ‘No’, Luke Connolly explains.

In the decision…

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Added by Luke Connolly on May 4, 2017 at 11:30 — No Comments

How to Teach Your Staff to Use Technology for Good, Not Evil

Laptops, smartphones and iPads have allowed us the freedom and flexibility to work whenever, wherever. But there’s an art to learning how to take control of your technology use and ensure that you’re using it for good, not evil. From a work perspective, it’s crucial that we teach and empower our staff to think positively about technology and the flexibility it inevitably brings with it. There can be a feeling of overwhelm that can occur when people feel obliged to be ‘online’ 24/7 because…

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Added by Vanessa Bennett on May 3, 2017 at 11:00 — No Comments

The power of doing nothing

I recently returned from the World Masters Games in New Zealand. We came up empty in the hunt for surfboat rowing medal glory. Team ‘Crusty’ scored a creditable fifth, but sadly those Kiwis don’t play at sport! Hardened crews the lot of ‘em. No out-of-condition pub crews, or last-minute ring-ins…

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Added by Mark Hodgson on May 3, 2017 at 9:30 — No Comments

So You've Been Accused of Bullying - What Now?

The issue of workplace bullying is much more openly discussed these days, and most employees are aware that they can make a formal complaint to their employers and have the matter investigated – with appropriate resolution to follow.

But what happens if you are not the victim, but instead have been accused of being the bully?

How to deal with an overwhelming…

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Added by Harriet Stacey on May 3, 2017 at 1:00 — 1 Comment

Do we need a ‘right to disconnect’ or is ‘integration’ the solution?

Work-life balance. It’s been a hot topic for many years and now Millennials are bringing their own perspective to the issue: work-life ‘integration’.  

For them, there’s no line that creates an equal distribution between work and life to form a balance. Instead they propose integrating work with the other elements of their life. Whether that is caring for children or older relatives, health and wellbeing activities, voluntary work or any other personal priorities, integration ensures…

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Added by Eliza Kirkby on May 2, 2017 at 10:36 — No Comments

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…

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Added by Phil O'Brien on May 2, 2017 at 8:00 — No Comments

Let’s Address the Employee Feedback Abyss (Part 2)

In part 1 of the employee feedback abyss, we covered why employees crave and require more frequent feedback, and why a lack of workplace feedback is becoming a seemingly insurmountable problem for organisations.

The result of this…

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Added by Lance Hodgson on May 1, 2017 at 13:00 — No Comments

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