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 […]
Be Disciplined About Disciplinary and Performance Management Issues Performance Management vs. Disciplinary Action – Different Approaches to Different Problems If an employee is “behaving badly” in the way they are relating to their colleagues and their performance is suffering, is the problem bullying, or, a failure by the employer to accommodate their illness? Should the […]
Spooks at Work Employers have access to a wide range of technology to allow them to observe their staff and record their movements and actions. To a surprisingly large degree, ‘spying’ and gathering information on employees is permissible for legitimate business reasons. The power is immense and largely unfettered. There are, however, some limitations. If […]
False Claims: Fact or Fiction Some employers believe that the present state of the economy is driving employees to make an increasing number of “false” bullying allegations. In our experience, there have been an increasing number of bullying claims over the last 6 months, but they are no more likely to be false, trivial or […]
The importance of training Recent pronouncements, by economists around the globe, indicate that the current financial situation may well get “darker before it gets lighter”. But in times where there are many pressures on employers, it’s vital that you don’t skimp on preventative and reactive measures in relation to discrimination, harassment and bullying. Otherwise, you […]