All Blog Posts (3,300)

Working from home bullying part 2 - social media

The Rolling Stones told us that Time is on my side, yes it is”  and with people working from home they may be right. 

People with more time on their hands combined with the social isolation that comes from working from home or being in lockdown can find themselves becoming frustrated which in turn can lead to people saying and doing things on social media that they might regret…

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Added by Phil O'Brien on March 24, 2020 at 11:30 — No Comments

Working from home workplace bullying

Working from home workplace bullying – I have conducted numerous investigations where emails have been the source of the issues that are claimed as being workplace bullying.

With more and more people working from home as a result of COVID 19, businesses, employers and managers are going to be more dependent on the use of email to communicate. It is important to remember that an email cannot express the sentiment behind it and can be easily misinterpreted.

The investigations I…

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Added by Phil O'Brien on March 23, 2020 at 10:30 — No Comments

Managing employees with disabilities

Managing underperformance is a difficult process and employers should always bear in mind that personal or other extenuating circumstances may be impacting a particular employee’s performance.



Any decision relating to performance management or disciplinary action should take these circumstances into account, and should not fall foul of the employer’s obligations at law, such as the unfair dismissal or general…
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Added by Shane Koelmeyer on March 20, 2020 at 13:25 — No Comments

Everything else is just a bonus: Employment contracts and discretionary incentive schemes

Bonuses and incentive schemes can be extremely successful in driving individual employee performance and overall business performance. A significant amount of work can go into crafting such a scheme – from market predictions to setting appropriate targets, drafting motivational communications to employees, and, very importantly, careful drafting of scheme documents.…
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Added by Shane Koelmeyer on March 17, 2020 at 15:00 — No Comments

I’ll go first: Employer’s disciplinary process didn’t force resignation

The commencement of a disciplinary process against an employee is not an insignificant matter. It serves to notify an employee that their employer has serious concerns about their employment; whether that is the standard of the employee’s performance, their conduct or their behaviour. Importantly, it notifies an employee that they are at risk of being dismissed.…



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Added by Shane Koelmeyer on March 17, 2020 at 15:00 — No Comments

Substantive, Not Superficial: A Call to Improved Procedural Fairness

The FWC recently found SA CARE’s dismissal of a casual disability care worker to be unfair and ordered compensation.

The employee in question was warned off tube-feeding clients due to her lack of certification. In response, she advised that she had been signed off on two appropriate training courses,…

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Added by Vince Scopelliti on March 17, 2020 at 9:50 — No Comments

Difficult Conversations Part 3

This is the third blog on the subject of difficult conversations. You can read the first article here and the second article…

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Added by Catherine Gillespie on March 13, 2020 at 8:00 — No Comments

Out of service: Server dismissed for inappropriate conduct towards co-workers

Dismissing an employee for inappropriate conduct can be a challenging process, particularly when the employee does not accept that their conduct was inappropriate.



Of course, proper training and well considered policies can go a long way to ensuring employees understand what is expected of them but occasionally,…
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Added by Shane Koelmeyer on March 11, 2020 at 10:13 — No Comments

You’re a liability: “all reasonable steps” and vicarious liability

Federal and State anti-discrimination legislation makes it unlawful for employers to discriminate against or harass a person in their employment. The legislation also places liability on employers for the discriminatory conduct of their employees.



This means that if an employee is found to have acted in breach of…
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Added by Shane Koelmeyer on March 11, 2020 at 9:44 — No Comments

Embrace the critic. Hug them close. They may just be a hidden gem!

Eye roll as “colleague negative” rolls out their tried and tested criticism of any change or approach!!…

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Added by Zandy Fell on March 5, 2020 at 6:00 — No Comments

6 Steps to Empowering Women In Leadership Roles

Today, women are closing the gender gap with men to hold leadership roles. They are closing racial and cultural gaps too. Many female leaders are climbing the corporate ladder to become the chief executive officer (CEOs) of the most prestigious companies across the globe. 6.6% of Fortune 500 CEOs are women as of 2019, that is, 33 women CEOs, Market…

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Added by Ariaa Reeds on March 3, 2020 at 20:47 — No Comments

Who holds the record? Record keeping basics for human resources

No profession loves hard copies of records more than lawyers – but it is often human resources who have the most to do with record keeping, particularly in relation to retaining employee records.



What are the basic records which should be kept for employees?



There are records which employers are…

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Added by Shane Koelmeyer on March 3, 2020 at 9:49 — No Comments

How was I supposed to know? Employers’ consultation obligations when implementing major workplace change

When an employer is required to make changes to the workplace which are likely to have significant effects on employees, the employer must ensure that it meets any consultation obligations which might apply under various laws and industrial instruments prior to implementing any redundancies that might arise.



For example, all modern awards and enterprise agreements will contain comprehensive requirements for…

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Added by Shane Koelmeyer on March 3, 2020 at 9:46 — No Comments

The high life: Unfair dismissal and calculating the high income threshold

In the reporting year 2018/2019, the Fair Work Commission (FWC) received 13,928 unfair dismissal applications. Undoubtedly, unfair dismissal applications are amongst the most common received by the FWC.



The success or otherwise of an unfair dismissal application depends on many factors but one of the most basic considerations is whether or not the employee making the application is entitled to…

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Added by Shane Koelmeyer on March 3, 2020 at 9:33 — No Comments

How Fact-Finding and Disciplinary Investigations Differ

When dealing with allegations of staff misconduct, employers must be able to clearly delineate between fact-finding and disciplinary investigations. 

This includes communicating the difference to staff involved in the process.

FACT-FINDING VS FORMAL INVESTIGATION

A 'fact-finding' process is often a necessary preliminary step in determining whether a…

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Added by Vince Scopelliti on February 25, 2020 at 15:30 — No Comments

How to Redesign Your Office to Motivate Your Employees

Motivating employees and making them feel good and comfortable in their workplace is the most important job of every employer. One of the ways to keep your employees motivated and productive is by having a good office design. 

Yes, you read that right. The design of an office contributes a lot to the motivation and good vibes. So, in order to keep your people happy, productive and motivated think about redesigning…

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Added by Emily Wilson on February 20, 2020 at 23:30 — No Comments

Costs For The Coast – How Commercial Decisions Can Assist Employers In Obtaining Costs Orders

NB Lawyers – lawyers for employers recently acted for the Fraser Coast Regional Council (the Council) and successfully obtained a costs order following an unsuccessful application for reinstatement filed by a former employee.…

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Added by Jonathan Mamaril on February 20, 2020 at 14:00 — No Comments

Investigating Complaints Part 3 – Conducting a Risk Assessment

Investigating Complaints Part 3 – Conducting a Risk Assessment

This part 3 of a series is a step by step guide to help you investigate employee complaints.  The guides can also be used to investigate complaints from stakeholders including clients and customers.

This process is by no means the only process, it is however the process I use and have been using successfully for a number of years.

The next stage in the investigation process is to conduct a Risk…

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Added by Phil O'Brien on February 20, 2020 at 9:46 — No Comments

Sacked on Leave: Procedural Fairness and Unfair Dismissal

The rules around when staff can be terminated while they are on leave can be a source of consternation for management and human resources professionals. 

The consequences of getting it wrong are demonstrated in the recent Fair Work Commission decision of Tuan Nguyen v Adelaide Fencing and Steel Supplies Pty Ltd [2020] FWC 79 (30 January…

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Added by Vince Scopelliti on February 20, 2020 at 8:55 — No Comments

Investigating Complaints Part 2 – Developing the Investigation Plan.

This part 2 of a series is a step by step guide to help you investigate employee complaints.  The guides can also be used to investigate complaints from stakeholders including clients and customers.

This process is by no means the only process, it is however the process I use and have been using successfully for a number of years.

Once you have completed your analysis of the complaint the next stage of the investigation is to develop your Investigation Plan.

The…

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Added by Phil O'Brien on February 19, 2020 at 12:49 — No Comments

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