Featured Blog Posts (1,817)

Unfair dismissal, serious misconduct & workplace investigations

When considering dismissing an employee for serious misconduct, employers must bare in mind the following;

  1. Does the alleged behaviour that resulted in dismissal reach the threshold of serious misconduct
  2. Have you conducted an investigation – do you have the evidence to support the decision to terminate?
  3. Does the punishment fit the crime?

More details of another case there the issue of the punishment fitting the crime was considered by the FWC – …


Added by Phil O'Brien on July 24, 2017 at 8:00 — No Comments

Summary dismissal – Do you have the grounds?

In light of the  XL Express Pty Ltd decision at the Fair Work Commission, I think it’s time to review Summary Dismissal. (More about XL Express here – http://awpti.com.au/unfair-dismissal-serious-misconduct-workplace-investigation/

Summary dismissal is dismissal without notice. It does not require advance notice to the…


Added by Phil O'Brien on July 24, 2017 at 7:30 — No Comments

Carer’s Leave and The Fair Work Act in the Workplace

Carer’s leave was introduced as an employee entitlement in the Australian workplace as part of the Fair Work Act. Under Section 97 of the Act:

An employee may take paid personal/carer's leave if the leave is taken:

(a) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or

(b) to provide care or support…


Added by Catherine Gillespie on July 21, 2017 at 12:36 — No Comments

An induction on deductions from employees’ pay

Student accommodation provider UniLodge faced reports this month that it deducted a total amount of $74,336.00 for “rent” over the period October 2011 to April 2016 from the combined salary of two of its onsite caretakers.

The husband and wife caretakers claimed that they were paid a total of $85,784.40 gross over the same period, despite being…


Added by Shane Koelmeyer on July 20, 2017 at 16:08 — No Comments

How Do We Get Employees To Adopt Technology For Learning?

Classroom training can seem like a real treat. Especially when we consider that more than 3 quarters of people haven’t attended a course in the last two years. But if they’re not attending courses (even if they like them), then…


Added by Kiren Kahlon on July 21, 2017 at 1:01 — No Comments

“O Captain! My Captain!” – Not a vindication, but dismissal was harsh: FWC says captain who failed employer’s alcohol test was unfairly dismissed

Setting policies and procedures for the effective management of drugs and alcohol in the workplace is important, particularly for safety critical industries.

The overarching goal of such policies and procedures is to ensure employees do not show up for work in an impaired state and place themselves, other employees or their employer’s business at…


Added by Shane Koelmeyer on July 20, 2017 at 15:50 — No Comments

Are you limited by the people around you?

You are being limited by the experience of the people around you.  Many Leadership teams fall into the Thinking Trap of Experience because they believe that once a subject or idea is discussed and debated by the team it is sufficient to make a good decision.  Sadly, most Leadership teams…


Added by David Klaasen on July 20, 2017 at 19:36 — No Comments

“Because I said so …” The causal link between adverse action and workplace rights

The general protections provisions of the Fair Work Act 2009 (Cth) (FW Act) aim to protect employees from adverse action (including dismissal) because of a proscribed reason. Proscribed reasons include the existence of a workplace right and the exercise (or failure to exercise) a workplace right.

By way of example, an employee has a…


Added by Shane Koelmeyer on July 20, 2017 at 15:30 — No Comments

Workplace romance in the spotlight after AFL resignations

The alleged “forced” resignations of two senior AFL officials last week after disclosing affairs with co-workers has again sparked public debate about the legal issues and consequences surrounding workplace romances: http://wwos.nine.com.au/2017/07/14/12/03/afl-important-announcement-gillon-mclachlan…


Added by Kristin Ramsey on July 20, 2017 at 12:00 — No Comments

Understanding Donald Duck...

This is about Donald…. but not “that Donald”!…


Added by Zandy Fell on July 19, 2017 at 14:30 — No Comments

Performance Management to Avoid Bullying Complaints

Staff who are subject to increased employer supervision or performance management may feel that they are being personally victimised, attacked or even bullied.

It may be difficult to distinguish between reasonable performance management and bullying, especially when the worker involved is sensitive by nature, has personal stress factors, fails to acknowledge their own performance shortcomings or is emotionally…


Added by Vince Scopelliti on July 19, 2017 at 12:31 — 1 Comment

What Is Acceptable Behaviour In The Workplace?

The idea of behaviour being acceptable or otherwise can, for some, be very subjective and often very personal. Sometimes it even depends on the environment and even ‘the times.’

Induction and hazing rituals once believed to be necessary to develop resilience and teach respect are now viewed as demeaning and in some situations constitute unlawful, criminal assault.

Violence for example, isn’t condoned on the streets yet, in the past it has often been encouraged and applauded on…


Added by Catherine Gillespie on July 18, 2017 at 10:32 — 1 Comment

“You shall not pass!” Jurisdictional objections in unfair dismissal claims

When an employer receives notice from the Fair Work Commission (FWC) of an unfair dismissal claim, the first question they should ask is – does the FWC have jurisdiction to hear the matter? 

There are numerous circumstances in which the FWC may not have jurisdiction and/or in which an applicant may not be eligible to make a claim to the FWC.…


Added by Shane Koelmeyer on July 14, 2017 at 14:55 — No Comments

WIN/WIN - A collaborative approach for workplaces series PART 1: Assertive Communication

Now more than ever our workplaces seem to be a place that exposes us to stressors and depending on our psychological health at the time, our reactions to stress can be varied. While each of us are responsible for how we react in every situation, you can play a significant role in communicating effectively to minimise the risk of others adversely reacting to your comments and instructions.

One strategy which will have a major positive effect on others in the workplace is for you to be…


Added by Catherine Gillespie on July 17, 2017 at 10:30 — No Comments

Called out in the Commission: Employee ordered to pay employer’s legal costs

In a rare decision by the Fair Work Commission (FWC), an employee has been ordered to pay her former employer’s legal costs after it held that the employee’s application had no prospects of success, was without basis and was an abuse of process.

Costs under the Fair Work Act 2009 (Cth)…


Added by Shane Koelmeyer on July 14, 2017 at 12:51 — No Comments

How to help your organisation succeed with change.

It’s no secret that change is one of the toughest tasks in the HR profession. To implement effective change requires “buy in” both emotionally and mentally across all levels within the organisation. 

One of the first elements to consider is cognitive, people need to understand why the change is needed. Begin with those who have the most influence and are not necessarily the highest ranking within the organisation. They are the ones who influence the majority…

Added by alan clare on July 13, 2017 at 18:16 — No Comments

4 Simple Time Hacks To Improve Your Performance As A Manager

Though all of us have the same amount of time each day, it seems that some folks use that time more effectively than others. While we might like to think it’s because they don’t have as much on their plate as we do, that’s often not the case. Often they actually have more to do but they have just set themselves up to be extremely effective.

While this may take a little effort to set up, you don’t have to be superhuman to do…


Added by Jan Terkelsen on July 13, 2017 at 11:00 — No Comments

Protecting Whistleblowers During Workplace Investigations

Feedback from employees is crucial to employers wanting to keep their finger on the pulse of a business. It is essential for management to be aware of risky behaviours occurring within a workplace, such as bullying, circumstances giving rise to easily preventable worker's compensation claims, failure to comply with regulations, corruption, or even criminal activities such as embezzlement, theft or fraud. In…


Added by Vince Scopelliti on July 12, 2017 at 13:30 — No Comments

7 Key Tips for an Effective Social Marketing Strategy in HR

Like most areas of business, HR has been transformed by the meteoric rise of social media. Were Human Resources Managers would once place an ad in a local paper or with a radio station and pick from a pool of candidates from the area, the search is now a lot more expansive, and candidates will no longer restrict…


Added by Sharon Conwell on July 12, 2017 at 2:06 — No Comments

Achieving Your Leadership Goals: From Amateur to Pro

As we reach the half way point of 2017, it’s only natural to look back to the start of the year and reflect on the leadership goals that you set for yourself at the beginning of the year. If upon reflection you find that like most people you're struggling with your goals you have two options:

  1. Shrink your (goal related) expectations - Setting audacious stretch goals is a great way for us to push ourselves to new levels of performance, but sometimes we can set the…

Added by Alistair Kerr on July 12, 2017 at 9:01 — No Comments

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