The break-up of a relationship is bad enough, without the added complication of having to see the person every day, risking your emotional wellbeing, job performance and professional identity, potentially damaging the dynamics of your team, and breaching company policies. Many employers will have experienced the fall-out of a workplace romance gone bad – when […]
Whilst it is a well known adage that an organisation’s best asset is its people, not all organisations protect and invest in that precious asset. We don’t think twice about upgrading and investing in our equipment, brand, marketing and software. But often, spending on people – their skills, how they treat each other, and how […]
Do complainants always have the absolute right to determine how and whether any complaint that they have made will be investigated? This article explores how an employer might wish to proceed where a complainant is clearly reluctant about the complaint they have made. Who “owns” the complaint? Complainants make complaints in all sorts of circumstances […]
Love or hate them, social media sites such as Twitter and Facebook are a big part of employees’ lives today. Many employers, particularly those with a young workforce raised with computers, are struggling to find ways to respond to their employees’ use of social media in the workplace and outside it. As such sites are […]
Mediation is well recognised as a practical tool for resolving employee complaints. When used strategically, it can improve an organisation’s prospects of resolving a complaint expeditiously and efficiently. The employer shows its employees that it cares about their concerns and takes them seriously, while at the same time giving responsibility to the employees for resolving […]
“This could be the beginning of a beautiful friendship”[1]: Human Resources and the Board A recent study confirmed what most astute Board Directors already know: that a company’s productivity is higher, and risk better managed, when the human resources section provides regular reports to its Board of Directors. In order to monitor closely the organisation’s […]
From 1 August 2011, all Victorian employers will have a positive duty to eliminate discrimination, sexual harassment and victimisation under the Equal Opportunity Act 2010 (Vic) [1] (the EO Act 2010). All employers will be required to take ‘reasonable and proportionate measures to eliminate discrimination, sexual harassment or victimisation as far as possible.’ [2] In […]
There are conversations that many people dread. Speaking with a colleague about issues such as performance concerns, a complaint against them, inappropriate behaviour or redundancy can be confronting and challenging. We see many workers’ compensation claims, employee complaints and allegations of breach of workplace policy that flow from either a one-off, or series of difficult […]
A breach of natural justice and procedural fairness in conducting an investigation could make the investigation findings unreliable. In this newsletter, we consider some “tips and traps” from the recent case of Lohse v Arthur. This pertinent case highlights the importance of conducting investigations fairly and without bias. Whilst the case itself highlights how a […]
Unfunny Jokes: Take Action! In this article, we examine a recent case which demonstrates how jokes and pranks in the workplace, left unchecked, can amount to sexual discrimination and harassment. We then provide practical suggestions for establishing and maintaining an appropriate workplace culture. In the recent case of Sharma v QSR Pty Ltd t/as KFC […]