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 here

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

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…

Finding Space and making it count.

I recently saw a post on social media from a friend who was lamenting the fact that she hasn’t read nearly as much as usual recently. Working from home, without her usual train commute, there just wasn’t the same opportunity to read.

Then I happened upon an article on the Third Space.

What’s the Third Space?

The Third Space is the time between doing one thing and starting another, like the space between being at work and…

Fantastic to talk to Dr Melanie Irons about "The psychological dimensions of working from home and returning employees to the workplace after a crisis" on the latest episode of the HR Breakfast Club Podcast.

Traditionally, the ability…

Donald Trump recently claimed he was joking when he asked staff to slow down coronavirus testing, asserting that ‘by having more tests, we have more cases.’ Whilst you can’t question the logic, it’s assumed that most experts would believe this to be a very short-sighted approach – by testing fewer people, reported cases will decrease, but this does not mean they do not exist. Much like in any scenario – from relationships to health issues to workplaces, ignoring a problem…

When an employee alleges their termination of employment was harsh, unjust or unreasonable in an unfair dismissal application, the Fair Work Commission (the FWC) is required to consider a number of preliminary matters …

We all want to be appreciated, whether it’s in a home or work environment. The latter is something employers often find themselves struggling with. How do you show your employees appreciation without going overboard and making it seem forced? Being subtle about it is crucial, as…

When good intentions don’t always deliver good outcomes

In mediation, I often hear one or both parties saying at some point, ‘I thought I was doing the right thing’ or ‘I thought you would prefer I did…’ or ‘I was just trying to do this in a way you might appreciate’.

What I am hearing is that each party believes they understand the other (or has been trying very keenly to) and adjusting their behaviour or approach accordingly. They show a sense of frustration. Despite their…

During the coronavirus (COVID-19) pandemic it has been heartening to see recognition for many in the community who are often invisible and who do such valuable work. 

The pandemic has also seen the adoption of flexible working arrangements at scale and pace by many employers. This has not been without its challenges and much has been written on the topic.

For those that…

If you’re lucky, you love your job and can’t wait to get to work every day, but for a number of people, working life may have its ups and downs. The benefits of being employed can make us feel connected, provide meaning and can help us with feelings of being part of “something bigger” than ourselves. However, sometimes we might feel that we’ve lost the balance, just a little bit. 

Living a sustainable lifestyle that promotes work-life balance…

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…

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…

With 4 million baby boomers set to retire in the next few years, they’ll soon be a large new influx of people lining up their putts and enjoying their holiday homes. And as the nation’s wealthiest ever generation, what’s not to look forward to?!? Boomers will finally get the free time - and money - to enjoy themselves after decades of hard work. 

Yet despite the ‘golden years’ being the dream of many, among the…

Following the recent release of the respect @work: Sexual Harassment National inquiry Report (2020), Kate Jenkins the Sex Discrimination Commissioner has called on all Australian workplaces to work together to tackle sexual harassment. In the report it states;  “the current legal and…

Self-care is the new horizon for employers in the 21st century. From apps like Headspace that tout their meditative benefits to…