Phil O'Brien
  • Male
  • 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

Returning to the office and workplace complaints

As a workplace investigator I am seeing a upsurge in complaints of bullying and sexual harassment that could be attributed to  employees forgetting the rules and expectations of the workplace and not being used to a higher level of interpersonal contact.“For the last two years the kids have been stuck inside, now they’re going back to the playground they seem to have forgotten how to play nice.”It is also important to remember that employees who were hired during the pandemic may never have…See More
May 11
Phil O'Brien posted a blog post

Returning to the office and workplace complaints

As a workplace investigator I am seeing a upsurge in complaints of bullying and sexual harassment that could be attributed to  employees forgetting the rules and expectations of the workplace and not being used to a higher level of interpersonal contact.“For the last two years the kids have been stuck inside, now they’re going back to the playground they seem to have forgotten how to play nice.”It is also important to remember that employees who were hired during the pandemic may never have…See More
May 6
Cheree Craven liked Phil O'Brien's blog post Violence in the workplace – Best practice responses
May 4
A blog post by Phil O'Brien was featured

Violence in the workplace – Best practice responses

Violence in the workplace – Best practice response.At times violence in the workplace occurs and employers must respond in a professional and considered way that protects their employees and the best interest of the employees and the organisation and it’s culture.An example that I have encountered as a workplace investigator involved two employees who had engaged in a fight in the workplace, a production facility.  The Police attended on the night and took statements, neither employee was…See More
Apr 21
Phil O'Brien posted a blog post

Violence in the workplace – Best practice responses

Violence in the workplace – Best practice response.At times violence in the workplace occurs and employers must respond in a professional and considered way that protects their employees and the best interest of the employees and the organisation and it’s culture.An example that I have encountered as a workplace investigator involved two employees who had engaged in a fight in the workplace, a production facility.  The Police attended on the night and took statements, neither employee was…See More
Apr 21
Phil O'Brien posted a blog post

Can out-of-hours conduct at social gathering be a valid reason for dismissal?

An interesting case that raises some questions about the employers responsibilities when organising and running out of hours events, especially those involving alcohol. https://www.miragenews.com/commission-finds-employees-out-of-hours-conduct-765905/https://lnkd.in/gvrxMzMx The physical return to the office may also see the return of work-related events following lockdowns and working from home. The article discusses how the Fair Work Commission…See More
Apr 19
Phil O'Brien posted a blog post

What are workplace interpersonal disputes

What is workplace interpersonal disputes – It is common for employees and managers to be faced with interpersonal disputes between employees that effect the workplace. Interpersonal disputes can manifest as: * Argumentative employees * Misunderstandings * General disagreements * Bullying complaints where there is no witnesses or corroborating evidence making a finding difficult * Complaints about work practices or processes Unfortunately, in the workplace not everyone always gets along. What…See More
Apr 14
A blog post by Phil O'Brien was featured

5 tips for effective investigation interviewing

A properly conducted interview is a primary method of obtaining evidence in a workplace investigation. A flawed interview can derail the entire investigation. Here are a few tips (there's a lot more, it's a complex task) that might help (1) Always conduct a complete, careful & thorough analysis of the complaint/s to fully understand; * What the complaint is about, * Who are the parties * What happened * What is being complained about? Complaints often come in written form via an email or…See More
Apr 7
Phil O'Brien posted a blog post

5 tips for effective investigation interviewing

A properly conducted interview is a primary method of obtaining evidence in a workplace investigation. A flawed interview can derail the entire investigation. Here are a few tips (there's a lot more, it's a complex task) that might help (1) Always conduct a complete, careful & thorough analysis of the complaint/s to fully understand; * What the complaint is about, * Who are the parties * What happened * What is being complained about? Complaints often come in written form via an email or…See More
Apr 7
A blog post by Phil O'Brien was featured

What constitutes sexual harassment?

Sexual Harassment Who decides – When a complaint of sexual harassment is made decisions have to to be made including;Is the behaviour being complained about sexual harassment?Is it a breach of company policy, Code of Conduct or the law?What to do next?Sexual harassment is unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. It can be physical, verbal or written.When managing or investigating a complaint of Sexual harassment it is…See More
Apr 6
Phil O'Brien posted blog posts
Apr 5
A blog post by Phil O'Brien was featured

Fair Work Commission thwarts ANU sacking of lecturer for skinny-dip kiss with student

Sexual harassment? Breach of policy? or Just poor judgement? Fair Work Commission thwarts ANU sacking of lecturer for skinny-dip kiss with student The Fair Work Commission has found that the ANU had unfairly dismissed a lecturer, saying that the interaction was consensual and while his behaviour afterwards may have been clumsy and poorly judged, he had not breached any University policies. https://lnkd.in/gUN9vq7h It is important that when…See More
Apr 1
Phil O'Brien posted a blog post

Fair Work Commission thwarts ANU sacking of lecturer for skinny-dip kiss with student

Sexual harassment? Breach of policy? or Just poor judgement? Fair Work Commission thwarts ANU sacking of lecturer for skinny-dip kiss with student The Fair Work Commission has found that the ANU had unfairly dismissed a lecturer, saying that the interaction was consensual and while his behaviour afterwards may have been clumsy and poorly judged, he had not breached any University policies. https://lnkd.in/gUN9vq7h It is important that when…See More
Apr 1
Adrian Boothman liked Phil O'Brien's blog post Advice from the Fair Work Ombudsman - new sexual harassment protections
Oct 28, 2021
A blog post by Phil O'Brien was featured

Advice from the Fair Work Ombudsman - new sexual harassment protections

Some very useful and essential information for the Fair Work Ombudsman in relation to the new sexual harassment protections. It is highly recommended that all employers are familiar with the changes that are aimed at making sure that workers are protected and empowered to address sexual harassment at work. This CANNOT be ignored. My advice to employers is make sure that you have all of the following; 1. A workplace sexual harassment policy that clearly outlines; * What sexual harassment is *…See More
Oct 28, 2021
Phil O'Brien posted a blog post

Advice from the Fair Work Ombudsman - new sexual harassment protections

Some very useful and essential information for the Fair Work Ombudsman in relation to the new sexual harassment protections. It is highly recommended that all employers are familiar with the changes that are aimed at making sure that workers are protected and empowered to address sexual harassment at work. This CANNOT be ignored. My advice to employers is make sure that you have all of the following; 1. A workplace sexual harassment policy that clearly outlines; * What sexual harassment is *…See More
Oct 27, 2021

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

Returning to the office and workplace complaints

Posted on May 6, 2022 at 8:00 0 Comments

As a workplace investigator I am seeing a upsurge in complaints of bullying and sexual harassment that could be attributed to  employees forgetting the rules and expectations of the workplace and not being used to a higher level of interpersonal contact.

“For the last two years the kids have been stuck inside, now they’re going back to the playground they seem to have forgotten how to play nice.”

It is also important to remember that employees who were hired during the…

Continue

Violence in the workplace – Best practice responses

Posted on April 21, 2022 at 10:00 0 Comments

Violence in the workplace – Best practice response.

At times violence in the workplace occurs and employers must respond in a professional and considered way that protects their employees and the best interest of the employees and the organisation and it’s culture.

An example that I have encountered as a workplace investigator involved two employees who had engaged in a fight in the workplace, a production facility.  The Police attended on the night and took statements, neither…

Continue

Can out-of-hours conduct at social gathering be a valid reason for dismissal?

Posted on April 19, 2022 at 14:30 0 Comments

An interesting case that raises some questions about the employers responsibilities when organising and running out of hours events,…
Continue

What are workplace interpersonal disputes

Posted on April 14, 2022 at 10:03 0 Comments

What is workplace interpersonal disputes – It is common for employees and managers to be faced with interpersonal disputes between employees that effect the workplace.



Interpersonal disputes can manifest as:

* Argumentative employees

* Misunderstandings

* General disagreements

* Bullying complaints where there is no witnesses or corroborating evidence making a finding difficult…

Continue

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