Dec 12

Procedural fairness and treatment: Chase evidential rabbits down burrows (and do offer tea…)

In this week’s blog, we discuss the recent lessons to be learnt from the following successful unfair dismissal application to the Fair Work Commission: Kefeng Deng v Westpac Banking Corporation (U2018/5696). The decision was delivered on 30 November 2018, by Commissioner Riordan. The case: Deng v Westpac The context for the application to the Fair […]

Nov 28

‘Tis the season to be jolly?’

December is upon us again. It’s the time of year when employees can feel mixed emotions and significant pressures. On the one hand, there is the prospect of a well-earned long break, possibly involving white beaches, reading and ‘kicking back’. On the other hand, the impending holiday season is often accompanied by pressures to meet […]

Sep 26

Bullying and the Gig Economy

Like many people, I welcomed Uber with open arms as an alternative to taxis. I love opening an app on my phone and having delicious restaurant food delivered to my door, like magic, 20 minutes later, or the possibility that I might find someone online who can come and put up those bookshelves that I […]

Sep 19

Who should conduct an external investigation into workplace complaints?

Last week, at the annual conference of the Australasian Association of Workplace Investigators, there were some interesting and robust discussions in relation to the ethics that should be adhered to by independent investigators when they are investigating a complaint in the workplace. The role of an independent investigator There was a firm view that the […]

Sep 12

Dealing with a Toxic Co-Worker: 5 Ways to Keep your Sanity, Values and Focus at Work

Given that the average full-time worker spends more than one third of their waking hours at work, your experiences in the workplace have a big impact on your overall enjoyment of life. Unfortunately, experiencing toxic behaviour in the workplace is quite common. In 2016 research by Dr Lindsay McMillan, 14% of Australian workers described their […]

Sep 05

Poor email communication leads to successful bullying claim

It’s not what you said, it’s how you said it – the importance of delivering feedback in a reasonable manner My mother always told me not to put something in writing that I wouldn’t mind someone else picking up and reading. It’s similar to the “front page of the newspaper test” – that is, would […]

Aug 29

“Fix Your Team”: The Federal Liberal Party – a (light-hearted) model case study

So we thought we’d start this week’s blog post with a quick and topical quiz for you! Thinking about the Liberal Party’s behaviour last week in Canberra, were you: (a) horrified (b) shocked (c) apathetic (d) none of the above. Regardless of your response, you may in any event have found yourself quoting the political […]

Aug 22

6 Characteristics of An Effective Workplace Review

What’s the “noise” coming from your team? Is it a happy, harmonious humming along sound, or something a bit more discordant, and one that, over time is getting louder? If the latter, then here’s a few more diagnostic questions for you. Do you have a work group where there is a constant barrage of low […]

Aug 15

How to build a more stress-resilient culture

So often when we are asked to undertake an investigation into allegations of problematic workplace behaviour, it becomes clear that it was all about the “how”, rather than the “what”. 1) How adept and skilled were the team members at responding to a range of stressors which may influence behaviour? 2) How competent was everyone […]