Phil O'Brien
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  • Sydney NSW
  • Australia
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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
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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
0 Comments
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
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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
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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
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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
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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
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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
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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
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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
0 Comments
A blog post by Phil O'Brien was featured

Workplace investigations & Workplace policies

One of the first questions I ask for when I am engaged to conduct a workplace investigation is can you send me your bullying or behavioural polices and and any Code of Conduct or other policies. The reason I ask for this is that I frame any allegations against the person subject of any complaint based on potential breaches of your policies or Code of Conduct. The policies I receive come a a variety of forms, but one of the elements I like to see in a policy is the word 'respect' such as; "all…See More
Jul 31, 2020
0 Comments
Phil O'Brien posted a blog post

Workplace investigations & Workplace policies

One of the first questions I ask for when I am engaged to conduct a workplace investigation is can you send me your bullying or behavioural polices and and any Code of Conduct or other policies. The reason I ask for this is that I frame any allegations against the person subject of any complaint based on potential breaches of your policies or Code of Conduct. The policies I receive come a a variety of forms, but one of the elements I like to see in a policy is the word 'respect' such as; "all…See More
Jul 31, 2020
0 Comments
A blog post by Phil O'Brien was featured

Dealing with reluctant complainants in workplace investigations

How many of you have encountered the problem when a complaint is made but the complainant tells you that they don’t want the matter investigated?I often get asked by HR professionals and managers, “What do I do if someone makes a complaint and then says that they don’t want me to do anything, they just wanted me to know.”Despite what people think, this is not a difficult situation - it becomes all about ownership of the complaint.Once someone has made a complaint to you, you now own the…See More
Jul 8, 2020
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Phil O'Brien posted a blog post

Dealing with reluctant complainants in workplace investigations

How many of you have encountered the problem when a complaint is made but the complainant tells you that they don’t want the matter investigated?I often get asked by HR professionals and managers, “What do I do if someone makes a complaint and then says that they don’t want me to do anything, they just wanted me to know.”Despite what people think, this is not a difficult situation - it becomes all about ownership of the complaint.Once someone has made a complaint to you, you now own the…See More
Jul 7, 2020
0 Comments
A blog post by Phil O'Brien was featured

Sexual Harassment Investigations

Recently a very good article was published about Sexual Harassment in the workplace on the Monash University Impact web site: https://www2.monash.edu/impact/articles/legal/workplace-sexual-harassment-how-do-we-help-women-come-forward/I particularly liked this comment:“A workplace investigation should not be used to minimise, silence or…See More
Jul 7, 2020
0 Comments
Phil O'Brien posted a blog post

Sexual Harassment Investigations

Recently a very good article was published about Sexual Harassment in the workplace on the Monash University Impact web site: https://www2.monash.edu/impact/articles/legal/workplace-sexual-harassment-how-do-we-help-women-come-forward/I particularly liked this comment:“A workplace investigation should not be used to minimise, silence or…See More
Jul 6, 2020
0 Comments

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

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

Why do managers get complaints?

Posted on March 22, 2021 at 19:28 0 Comments

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 do

As 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…

Continue

Workplace Investigations Secret Recordings

Posted on November 18, 2020 at 11:02 0 Comments

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…

Continue

Workplace Sexual Harassment 2020

Posted on August 28, 2020 at 12:26 0 Comments

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…

Continue

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