The Fair Work Commission (FWC) recently issued interim orders in an application for orders to stop bullying, which required the parties to, amongst other things, treat each other with respect and dignity, and to not yell in an unreasonable manner (see F.G.  FWC 6283).
The stop-bullying application had been lodged by an employee of a retail services business who alleged that he was being bullied by a co-director and owner of the business. The…
Added by Shane Koelmeyer on November 13, 2019 at 14:20 — No Comments
Not all marriages are destined to last. This is nothing out of the ordinary, as people change as they grow old and decide that their spouse is no longer the right man or woman for them.
But there's no such thing as easing…Continue
Added by Emma Williams on November 20, 2019 at 18:00 — No Comments
While there are a lot of people who argue that recreational drug use doesn’t have to interfere with one’s workplace performance, the truth is that an employee with drug addiction is a liability that your enterprise simply doesn’t need. There are so many problems with the idea of hiring someone with this habit that may come to plague your enterprise or even run it completely into the ground. Before we get into this any deeper, we should first discuss the…Continue
Added by Emily Wilson on November 13, 2019 at 18:00 — No Comments
The Fair Work Commission (FWC) has endorsed the approach of a HR team in their management of an injured worker and the subsequent termination of her employment resulting from her incapacity to perform the inherent requirements of her role (Jack v Sigma Healthcare T/A Sigma Healthcare  FWC 6364).
The employee was a storeperson working in a pharmaceuticals warehouse. In October 2017, she was injured in a non-work-related car accident and was totally…
Added by Shane Koelmeyer on November 13, 2019 at 14:05 — No Comments
Big Brother inside the confines of your office space — a vanity or a necessity?
Today, we live in a highly accessible society where data is made available to anyone and everyone. Yet, when…Continue
Added by Emma Lawson on November 12, 2019 at 19:30 — No Comments
There is this golden balance, this muddles the line between career and family life. It has been a challenge for ambitious and driven people since time immemorial. On one hand, you have your career in front of you, your passion, and your life’s work. On the other hand, you have life, family, friends, your health… In fact, you might have other…
Added by Emma Williams on November 12, 2019 at 18:00 — No Comments
A recent dispute between one of Australia’s leading sports agencies and two of it’s ex-employees is a reminder to employers about the importance of implementing processes to protect confidential information, including that of their customers and clients.
Ultra Management Sports, an agency that represents many elite rugby league and rugby union players, commenced proceedings in the Federal Court of Australia, claiming that two of it’s player agents amended player/agent contracts…Continue
Added by Shane Koelmeyer on November 13, 2019 at 14:00 — No Comments
Appropriately recording evidence is a crucial part of workplace investigations.
For investigators, this can cause a significant dilemma as to whether it is preferable to rely on written statements, or obtain audio recordings of interviews conducted during the investigation.
Here are a few of the main considerations for each method.
Added by Vince Scopelliti on November 7, 2019 at 16:45 — No Comments
A Harvard Business Review ‘Management tip of the day’ recommended the prioritisation of working and spending time with colleagues that help one to feel fulfilled and to minimise interactions with colleagues one finds depleting. Essentially the article was a call to action to invest in the ‘right relationships’.
I fully agree with the focus on investing in the ‘right relationships’ but perhaps this term firstly needs…Continue
Added by Catherine Gillespie on November 8, 2019 at 9:26 — No Comments
When Google first introduced playrooms, nap areas, and other recreational content for their workers at the Googleplex, their head office in Mountain View, many CEOs were first to mock the idea and snicker. As time passed by, the results Google achieved with their innovative ideas…Continue
Added by Veronica Steel on November 7, 2019 at 2:00 — No Comments
Procedural fairness must be top of mind, for all organisations when conducting a workplace investigation. Failing to allow an employee sufficient time to respond to an allegation or taking a pre-determined view of the outcome of an investigation, for example, proceeding with terminating employment, can leave an employer open to an unfair dismissal claim.
The importance of observing all elements of procedural…Continue
Added by Vince Scopelliti on October 31, 2019 at 15:16 — No Comments
As technology continues to advance, businesses are ditching the face to face meetings and instead are opting for a video conference to save money, time, and the hassle of travelling.
There are many options for video meetings and conferences and the latest solution for businesses in Australia is a fully integrated version of Skype for Business.
Whilst Skype for Business has been on the market since 2015, there wasn’t any fully integrated options until now. Many cloud solutions,…Continue
Added by Andrew Tucker on October 31, 2019 at 12:30 — No Comments
Many workplaces have information, policies, portals and hubs for parents caring for children. Supporting families and developing family friendly workplaces is to be applauded. Parents and guardians who access parental leave are often classified as primary or secondary carers.
However, it is important to know that there is a large group of people who are carers (1 in 8 according to Australian Bureau of Statistics, 2015) that do not include parents (with some exceptions). Commonwealth…Continue
Added by Rachel Matheson on October 30, 2019 at 12:24 — No Comments
Resilient leaders are well aware that just like putting on your own oxygen mask before helping others, they need to care for themselves first.
So, how’re you tracking?
Are you busy being brave, stretching yourself too thin while struggling from within? Do your colleagues and peers think of you as a resilient leader? Does your team see you as professional, motivated, confident and focused, yet always approachable?
Change is undeniable, the pace is relentless and there’s…Continue
Added by Ricky Nowak on October 25, 2019 at 10:00 — No Comments
However, there are also …Continue
Added by Emma Williams on October 24, 2019 at 0:03 — No Comments
One of the National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (FW Act) is the entitlement for employees in particular circumstances to request a flexible working arrangement with their employer. Such requests can only be refused by employers on reasonable business grounds.
An employer’s refusal of a flexible working arrangement request was recently considered by the Fair Work Commission (the FWC) in Phillips v…Continue
Added by Shane Koelmeyer on October 9, 2019 at 10:44 — No Comments
Unfortunately, dealing with allegations of sexual harassment in the workplace is an issue for many employers. Sexual harassment can take many forms, and cases are rarely "open and shut".
Once allegations of sexual harassment or misconduct have been made, they must be appropriately investigated and dealt with. However, prevention is always better than cure.
Let's take a look at employer…Continue
Added by Vince Scopelliti on October 16, 2019 at 17:00 — No Comments
Will the real agenda please stand up!
One of the biggest contributors to mistrust between a staff member and their manager is the belief by the staff member that the manager has a hidden agenda.
The staff member doesn’t know what the manager’s hidden agenda is but they have such a strong suspicion that one exists they can almost become consumed by trying to work out what…Continue
Added by Catherine Gillespie on October 16, 2019 at 10:10 — No Comments
When considering claims of adverse action under the Fair Work Act 2009 (Cth) (the FW Act) a key focus of inquiry is the actual reasons of the decision-maker for engaging in the action.
The Federal Court of Australia recently considered this point in determining whether a major law firm engaged in adverse action in contravention of the FW Act when it dismissed a lawyer who had publicly criticised the law firm’s clients, being two Commonwealth Government…Continue
Added by Shane Koelmeyer on October 9, 2019 at 10:48 — No Comments
Employers understand that it is their responsibility to provide a safe workplace. Yet unlike physical health safety concerns and hazards such as lifting, tripping, sun exposure and dust reduction, many employers find themselves uncertain about how to support the mental health and wellbeing of their staff.
The first and most powerful antidote to this uncertainty is becoming informed. For business owners and managers,…Continue
Added by Vince Scopelliti on October 9, 2019 at 13:48 — No Comments