Phil O'Brien
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  • Sydney NSW
  • Australia
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Phil O'Brien's Page

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A blog post by Phil O'Brien was featured

Unfair dismissal & the role of workplace investigations

What role does the investigator and the investigation play in ensuring that a dismissal is not unfair? It is important that employers and investigators get it right the first time every time.When an employee submits an unfair dismissal application after being terminated from their employment, the Fair Work Commission looks at 3 criteria; was the dismissal Harsh, unjust and/or unfairHARSH: Matters taken into account when determining if a dismissal was harsh or not include (but are not limited…See More
Jul 22
Phil O'Brien posted a blog post

Unfair dismissal & the role of workplace investigations

What role does the investigator and the investigation play in ensuring that a dismissal is not unfair? It is important that employers and investigators get it right the first time every time.When an employee submits an unfair dismissal application after being terminated from their employment, the Fair Work Commission looks at 3 criteria; was the dismissal Harsh, unjust and/or unfairHARSH: Matters taken into account when determining if a dismissal was harsh or not include (but are not limited…See More
Jul 21
A blog post by Phil O'Brien was featured

Sexual harassment prevention - A missed opportunity

I have to agree with the article https://lnkd.in/ggtpWPm Especially in relation to recommendation 17; Amend the Sex Discrimination Act to introduce a positive duty on all employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible. The government argued that such requirements are already implied in a general employer duty to protect employees’ health and safety. As the…See More
Jul 15
Phil O'Brien posted a blog post

Sexual harassment prevention - A missed opportunity

I have to agree with the article https://lnkd.in/ggtpWPm Especially in relation to recommendation 17; Amend the Sex Discrimination Act to introduce a positive duty on all employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible. The government argued that such requirements are already implied in a general employer duty to protect employees’ health and safety. As the…See More
Jul 13
A blog post by Phil O'Brien was featured

Sexual harassment law changes on the way

Sexual Harassment law changes - Respect@Work 2020 reportHR Managers, employers & business owners - have you reviewed your sexual harassment policies & training in light of working from home & the 55 recommendations contained within the AHRC Respect@Work report relating to the National Sexual Harassment Survey. Read…See More
May 13
Phil O'Brien posted a blog post

Sexual harassment law changes on the way

Sexual Harassment law changes - Respect@Work 2020 reportHR Managers, employers & business owners - have you reviewed your sexual harassment policies & training in light of working from home & the 55 recommendations contained within the AHRC Respect@Work report relating to the National Sexual Harassment Survey. Read…See More
May 11
A blog post by Phil O'Brien was featured

Reasonable management action or workplace bullying?

Following on from my last article - 'Why do managers get complaints?', do you know the difference between workplace bullying and reasonable management action. This article goes into more detail about what the Fair Work Act says in s789FD(2) - ‘Behaviour will not be considered bullying if it is reasonable management action carried out in a reasonable manner.’ and how I as an investigator address this question when conducting investigations against managers.When a bullying or harassment…See More
Mar 25
Phil O'Brien posted a blog post

Reasonable management action or workplace bullying?

Following on from my last article - 'Why do managers get complaints?', do you know the difference between workplace bullying and reasonable management action. This article goes into more detail about what the Fair Work Act says in s789FD(2) - ‘Behaviour will not be considered bullying if it is reasonable management action carried out in a reasonable manner.’ and how I as an investigator address this question when conducting investigations against managers.When a bullying or harassment…See More
Mar 24
A blog post by Phil O'Brien was featured

Why do managers get complaints?

Workplace complaints against managers – why do managers get complaints?The easy answers are: 1. What they do! 2. What they don’t do!What managers doAs a workplace investigator I have conducted a large number investigations into complaints about managers and what I have found is that many complaints come as a result of the manager:* Managing and directing an employee * Placing an employee on some form of performance improvement plan or program * Conducting performance review with an employee *…See More
Mar 24
Phil O'Brien posted a blog post

Why do managers get complaints?

Workplace complaints against managers – why do managers get complaints?The easy answers are: 1. What they do! 2. What they don’t do!What managers doAs a workplace investigator I have conducted a large number investigations into complaints about managers and what I have found is that many complaints come as a result of the manager:* Managing and directing an employee * Placing an employee on some form of performance improvement plan or program * Conducting performance review with an employee *…See More
Mar 22
A blog post by Phil O'Brien was featured

Workplace Investigations Secret Recordings

Workplace Investigations Secret Recordings - Can you record conversations without the knowledge or consent of one or more of the parties. Thanks to Navjot Singh from Pannu Lawyers for the information…See More
Nov 19, 2020
Phil O'Brien posted a blog post

Workplace Investigations Secret Recordings

Workplace Investigations Secret Recordings - Can you record conversations without the knowledge or consent of one or more of the parties. Thanks to Navjot Singh from Pannu Lawyers for the information…See More
Nov 18, 2020
A blog post by Phil O'Brien was featured

Workplace Sexual Harassment 2020

Workplace Sexual Harassment 2020 – Recently it was reported on the ABC that Workplace sexual harassment reports are rising during coronavirus and working from home may be a reason. The article stated, coronavirus, working from home and recent high-profile cases are encouraging more women to come forward and revealing the true extent of Australia’s sexual harassment problem, authorities have said that Law firms say they are being swamped with workplace sexual harassment claims.Key…See More
Sep 2, 2020
Phil O'Brien posted a blog post

Workplace Sexual Harassment 2020

Workplace Sexual Harassment 2020 – Recently it was reported on the ABC that Workplace sexual harassment reports are rising during coronavirus and working from home may be a reason. The article stated, coronavirus, working from home and recent high-profile cases are encouraging more women to come forward and revealing the true extent of Australia’s sexual harassment problem, authorities have said that Law firms say they are being swamped with workplace sexual harassment claims.Key…See More
Aug 28, 2020
A blog post by Phil O'Brien was featured

Serious Misconduct - Summary dismissal

Serious misconduct - In light of the Ivance Cuculoski v Australian Transit Group T/A Buswest [2020] FWC 3361 (30 June 2020) decision at the Fair Work Commission, I think it's time to review Serious Misconduct and Summary Dismissal. Full case hereSummary dismissal is dismissal without notice. It does not require advance notice to the employee and wages are only paid to the time…See More
Aug 5, 2020
Phil O'Brien posted a blog post

Serious Misconduct - Summary dismissal

Serious misconduct - In light of the Ivance Cuculoski v Australian Transit Group T/A Buswest [2020] FWC 3361 (30 June 2020) decision at the Fair Work Commission, I think it's time to review Serious Misconduct and Summary Dismissal. Full case hereSummary dismissal is dismissal without notice. It does not require advance notice to the employee and wages are only paid to the time…See More
Aug 3, 2020

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 02 9674 4279.
Company website/blog
http://www.awpti.com.au
Personal blog
http://https://awpti.com.au/articles/
How many employees in your company?
1-49
What areas of HR are you particularly passionate about?
Workplace Investigations
Workplace Investigation Training
Management training
Employee training
Employment Law
Performance management
What kind of networking are you open to?
Open networking, Referrals between friends

Phil O'Brien's Blog

Unfair dismissal & the role of workplace investigations

Posted on July 21, 2021 at 17:30 0 Comments

What role does the investigator and the investigation play in ensuring that a dismissal is not unfair? It is important that employers and investigators get it right the first time every time.

When an employee submits an unfair dismissal application after being terminated from their employment, the Fair Work Commission looks at 3 criteria; was the dismissal Harsh, unjust and/or…

Continue

Sexual harassment prevention - A missed opportunity

Posted on July 13, 2021 at 14:30 0 Comments

I have to agree with the article

https://lnkd.in/ggtpWPm



Especially in relation to recommendation 17;

Amend the Sex Discrimination Act to introduce a positive duty on all employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible.



The government argued that such requirements are already implied…

Continue

Sexual harassment law changes on the way

Posted on May 11, 2021 at 15:00 0 Comments

Sexual Harassment law changes - Respect@Work 2020 report

HR Managers, employers & business owners - have you reviewed your sexual harassment policies & training in light of working from home & the 55 recommendations contained within the AHRC Respect@Work report relating to the National Sexual Harassment Survey.…

Continue

Reasonable management action or workplace bullying?

Posted on March 24, 2021 at 13:30 0 Comments

Following on from my last article - 'Why do managers get complaints?', do you know the difference between workplace bullying and reasonable management action.



This article goes into more detail about what the Fair Work Act says in s789FD(2) - ‘Behaviour will not be considered bullying if it is reasonable management action carried out in a reasonable manner.’ and how I as an investigator address this question when conducting investigations against…

Continue

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