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…

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…

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,…

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

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

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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…