Continuing our series of short videos on the subject of workplace investigations. It’s a subject that’s often misunderstood and even mishandled by leaders, managers and HR personnel. Today’s question...

How does management know the difference between needing a mediation as opposed to a workplace investigation?…

Collaboration is one of those bullshit bingo buzz-words tossed around organisations like confetti. It implies ‘teamwork’ and that ‘we’re all in it together’. Which of course is how it should be – it’s just rarely true. In many businesses the environment is anything but collaborative. Getting ahead is typically a competitive and political process. Knowledge is…

Given how much time employees spend at work every week, it is hardly surprising that romantic relationships develop in the workplace. 

But what happens when a romance is inappropriate, or attraction crosses the line into sexual harassment?

INAPPROPRIATE VS UNLAWFUL

While there is nothing illegal about a workplace relationship between…

There are so many myths that remain around managing employment matters. Things like “In all circumstances, you must give 3 warnings before termination” or “if you’ve offered EAP to a distressed employee you have met your “care” obligations” and our favourite “if there is conflict or a complaint the…

‘The fabric of decency is torn’.

We are outraged at those in power who have permitted a culture that lacks integrity, decency, grace, humility, honesty.

But is that the result of our complacency? Is our complacency  ‘the friend and enabler of those in authority who wish to take advantage of others?’

Have we been distracted by our own ‘busyness’ such that we haven’t stopped to scrutinise and question? Unfortunately, ‘too few of us bother…

How to motivate my team? It’s a common but elusive question that many people leaders struggle with. Your team's drive and desire to perform well is key to their productivity and success. Yet the truth is, you can't really motivate people unless they want to do it themselves. So where does that leave you? In this post and this …

"Winter is coming”

The cold is about to rip through Sydney. OK, not exactly “Winter is coming” a la ‘Game of Thrones’, but the mercury is about to ‘plummet’ below 12 degrees!

I ride a (big red) motorbike - the only way to ‘fly’ in the log-jammed emerald city. I love the freedom to zip in and out, land close to where I need to be and (whisper this) park at the airport for FREE (a four letter word at Macquarie Group). But sitting still in the chill can get cold.…

Most adults like to indulge in the use of alcohol from time to time. Some even like to partake a little more frequently - which is generally not problematic, in the privacy of one's own home and social sphere.

But occasionally problems with alcohol or even drug consumption can creep into the workplace, with staff under the influence while at work or under performing because of the…

In the wake of the Financial Services Royal Commission, the industry has found itself in some turbulent waters. As the Commission ploughs through the maelstrom of mismanagement and misconduct, the banking and financial services sector is awash with reputational damage.

For many observes, it makes for an eye-opening and attention-grabbing spectacle. But there’s one cohort of individuals who are looking on with particular foreboding – the senior leaders who may be…

II just want to get out of business. It is all too unethical,” said the woman at the gym, reflecting on a week of bad news about the behaviour of bankers and financial planners.

“I should have spoken up,” confessed another finance industry employee. “I didn’t know,” protested another.

Revelations from the Banking Royal Commission this month mean it is not just customers and regulators who are deeply disappointed in the finance industry, but also many of the…

Settlement agreements, terms of settlement, deeds of release or release and undertakings are all terms which are used interchangeably to refer to the binding and confidential agreements reached between parties in good faith to resolve claims or disputes. 

Employees can make any number of claims against their employer, including but not limited to:

• Unfair dismissal claims;
• General protections claims;
• Underpayment claims; and
• Discrimination…

It started out as the humble smiley emoticon “:-)” in 1982 created by a computer scientist who wanted a “joke marker” to help people decipher his jokes in emails.

Some 36 years later, we now have an entire lexicon of emoticons (known as emojis) that can help decipher more than just jokes in an email. This lexicon includes a wider range of faces with emotions, hand and body gestures as well as other objects such as buildings, foods, animals and almost any other symbol you can think…

In June 2015, Judge Jarrett of the Federal Circuit Court of Australia found that a Northern Queensland-based tour company and its owner had underpaid five employees and contravened the Fair Work Act 2009 (Cth) (FW Act) (Fair Work Ombudsman v Trek North Tours & Anor (No.2) [2015] FCCA 1801).

Prior to commencing the Federal Circuit Court proceedings, the Fair Work Ombudsman (FWO) conducted an investigation into several complaints…

Being able to conduct a competent workplace investigation is essential for employers, especially when allegations of bullying, misconduct or inappropriate office behaviour are made. 

Mistakes made during an investigation may result in serious consequences, including legal action. 

Let's take a look at the basics of an investigation, and some key mistakes to avoid.…

If you want to know how to choose the best LMS for your organisation, here’s your answer…

There isn’t one.

I’m not being facetious either.

I’m willing to bet that, with all information in front of them, no-one in your organisation really wants an LMS. Even L&D, generally, want an LMS – or at least they think they do – in the…

Managing conflicting personalities can be one of the most challenging aspects of being a manager. Particularly when low level disagreements escalate to formal complaints, investigations, attempts at character assassination and breaches of confidentiality.

These issues were recently traversed in the Fair Work Commission’s (FWC’s) decision in Lecaude v Westpac Banking Corporation T/A Westpac [2018] FWC 1969.

The employee in this case was dismissed after…

In commentary that is particularly fitting for the story behind it, the FWC has found an employer was unreasonably inflexible when it dismissed an employee who had requested to finish work 15 minutes early to attend prepaid Pilates classes.

In Khutson v Chesson Pty Ltd T/A Pay Per Click [2018] FWC 2080, the employee argued that her dismissal was unfair because she refused to sign a revised employment contract that, amongst other things, had sought to change her working hours…

In a clear sign that employers should act on inappropriate behaviour, the Fair Work Commission (FWC) has held, in Talevski v Chalmers Industries Pty. Ltd. [2018] FWC 1807, that an employee’s dismissal for serious misconduct arising from his unacceptable behaviour was not unfair.

The employee had been employed since 1986, most recently in the position of Handyman, with the employer who operated a truck transportation and logistics company.

In November…

Feeling overwhelmed? You are not alone. As I scan my world or work, friends and family, I see more and more people struggling. Australians are portrayed as a laid back bunch of irreverents - always at the bar, the beach or the barbie. In truth, most are more likely to be at the grindstone - particularly in Sydney - one of the most expensive cities on the planet. Nice view, shame we don’t have time to take it in.

Blame it on the VUCA

We can put most of this down to…

How do you balance a victim or complainant centred approach with the realities of a sexual harassment claim in the workplace? There is a lot of talk at the moment about what is the best practise approach to sexual harassments claims in the workplace. From an HR perspective, it can be a real challenge. However, we are firmly of the view that you can take the matter…