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 […]
Nepotism. Approach With Caution
Nepotism is about the use of power or influence to secure unfair workplace advantage in the workplace for members of one’s own family or close friends. This is what it can look like in a workplace: Employees are married to each other, or to a colleague’s sibling, child or parent. A senior staff member’s child […]
‘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 […]
How to manage office gossip during a workplace investigation
Having a light-hearted chat with your colleagues can be one of the best parts of going to work. A positive workplace culture encourages colleagues to interact in a friendly way as this helps with communication and building relationships at work, as well as making work enjoyable for everyone. Why gossip? Gossip, defined as negative speculation around […]
How to manage the risks associated with power imbalances at work
In the investigations of misconduct that we conduct at Worklogic, we often see power being misused in the workplace. People in powerful positions – thanks to their position in the hierarchy, links with the union or the founders, their ‘talent’ as rainmakers or apparently irreplaceable skills -sometimes let the power go to their heads . They […]
When tolerance is not a platitude
It’s International Day For Tolerance on 16th November. Who knew that? It’s not one of the well-known global events like Earth Day, International Women’s Day or World AIDS Day. It may not be one of the United Nations’ most notable celebrations, but the concept of ‘tolerance’ has a special resonance in these times. It’s worth […]
“Can I tell you something off the record?”
Often in workplace investigations and culture reviews, we are asked by an employee “Can I tell you something off the record?”. If you hear this phrase, handle it very carefully. Most managers have been in a situation like this one: An employee comes into your office and closes the door. He says Fatima uses inappropriate […]
Investigations – to outsource or to not outsource that is the question
When an organisation wishes to conduct a procedurally fair investigation to support informed decision-making, it must decide who should conduct the investigation, with the question being should it be internal (this can be HR staff or managers) or external consultants? When making the decision to outsource an investigation (or not to), there are a number […]
How to address unconscious bias in workplace investigations
Like many of us, I believe myself to be fair and largely free of prejudice. I live and work in a diverse city, with people of various cultural backgrounds, and I enjoy experiences that expose me to new things. I consider myself to be largely impartial as I evaluate people and situations. But, as it […]
A Culture of Sexual Harassment at Work
Like many people, I currently open the newspaper with a sense of dread, wondering what new bad things will have happened overnght. Last week, there were media reports that the Former Chair of the ABC Board often referred to women at work as ‘chicks’ or ‘babes’. This week, we have Alan Jones’ shockingly disrespectful and threatening […]