It may seem improper to name sexual harassment as the “hot topic” for 2018, but I’m sure you’ve noticed the spike of sexual harassment stories in the media, and I’m not just referring to the entertainment industry.

A recent media report revealed that about one-fifth of Australia’s surgeons have failed to complete a mandatory online training course designed to combat sexual harassment and bullying within their profession. According to an independent report commissioned by the Royal Australiasian College of Surgeons, nearly half of surgeons have experienced workplace bullying or harassment, and victims have generally been afraid to speak out.

Last year, two Royal Darwin Hospital doctors were stood down over two separate allegations of sexual assault against female medical students.

Another media report late last year revealed a “toxic” and “demoralising” culture of bullying and mismanagement at a hospital in south-west Victoria.

And in recent weeks, it was reported that Melbourne City Council’s former Lord Mayor is under investigation following new allegations of sexual harassment, this time related to his former role as the chairman of Melbourne Health. Councillor Doyle has vigorously denied the allegations, which involve a complaint of serious misconduct at a Melbourne Health gala dinner.

Do your Directors and Executives understand the risks associated with any potential bullying or sexual harassment claim?

Reputational Risk

Regardless of investigative or legal outcomes, any allegation can create a negative reputational risk with all stakeholders, such as employees, regulators, government, etc.

Financial Risk

Under Australian Workplace Health and Safety legislation, directors and executives can be held personally liable for not providing a safe workplace. This legislation covers more than the physical safety within a workplace. For example, Brodie’s Law was passed after a young female employee was continually bullied at work and subsequently suicided. The courts found that the employer contributed to the bullying and harassment resulting in the directors and manager being fined.

What can health service providers do to promote a workplace culture free from sexual harassment?

The Australian Medical Association and the WA Health Department recently launched a poster campaign aimed at stamping out widespread sexual harassment and intimidation in the workplace, particularly by senior doctors against junior female doctors, nurses or registrars.

Online trainings, campaign posters and informative websites are a start, but these tools alone are not enough to affect real cultural change in the workplace.

Does your workplace have a contact officer who is trained to deal with allegations of bullying and harassment?

Your employees need to know there is someone other than their manager or supervisor whom they can speak to if they have a complaint.

Does your workplace have clear policies and practices to mitigate the risk of sexual harassment and unwelcome conduct?

Your organisation’s Code of Conduct should define sexual harassment and clearly outline values, standards, expectations and consequences pertaining to appropriate workplace conduct.

Do your workplace policies include a process for investigating bullying and harassment allegations?

The workplace policy should set out the process that the organisation will take when an allegation of sexual harassment is made. There are advantages to engaging an Independent Workplace Investigator, for example, it reduces the risk of potential claims of cover ups, conflicts of interest or lack of transparency.

Does your workplace run regular trainings designed to implement your Code of Conduct?

Regular training programs play an important role in educating your staff on respect, responsibility and appropriate workplace conduct.

Don’t assume that your staff are aware of the most current policies, procedures and support resources in your workplace. Employees need to be able to discuss different types of behaviours in a safe, educational setting, and they also need to be clear on the right course of action if they have a concern or complaint.

WorkPlacePLUS provides specialised training programs to suit the specific needs of your organisation. Our Respect and Responsibility module goes beyond the usual bullying and harassment session to focus on promoting organisational values, positive teamwork and communication, while gaining an understanding of appropriate workplace conduct, relevant legislation and policies. We also provide conflict resolution services and independent workplace investigations, for when serious issues arise.

For more information, please contact us today.

Following on from some major decisions on modern awards handed down by the Fair Work Commission in 2017, which I discussed in a previous article, the Commission has now issued further changes to part-time and casual employment in modern awards, effective 1st January, 2018:

Part-time employees must now receive a guaranteed number of rostered working hours per work cycle. Part-time employees who regularly exceed their guaranteed hours for over 12 months have the right to request an increase of their guaranteed hours. These changes will affect employers covered by the Hospitality Industry (General) Award 2010, the

Registered and Licensed Clubs Award 2010, and the Restaurant Industry Award 2010.

The agreed hours for part-time employees in the Disability, Community and Social Services industries do not need to be the same each week. This clarification affects employers covered by the Social, Community, Home Care and Disability Services Industry Award 2010.

Casual employees must now receive overtime penalty rates. This change affects employers covered by the Fast Food Award 2010, the General Retail Industry Award 2010, the Hair and Beauty Industry Award 2010, the Hospitality Industry (General) Award 2010, the Registered and Licensed Clubs Award 2010, and the Restaurant Industry Award 2010.

As an employer, you are primarily responsible for ensuring that your organisation complies with the most current legislation and regulations around employing staff. For busy senior managers and directors, this can be difficult to keep up with. An experienced Human Resource and Industrial Relations specialist can help ensure you are complying with your obligations under the relevant modern awards, enterprise agreements or employment contracts.

For more information, or to discuss any issues you may have in your organisation, please contact us today.

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia and all of its members.

Leading up to International Human Rights Day on 10th December, Victoria is celebrating its first annual Human Rights Week. This is an opportune time to discuss the important topic of social media in the workplace.

As social media increasingly permeates our lives, the lines between “personal” and “professional”, “private” and “public” have become blurred. A person’s right to freedom of expression may be perceived as inappropriate conduct by their employer or coworker. This can be harmful to a brand, reputation and business relationship, and people can lose their jobs.

The Australian Human Rights Commission website warns employers that social media postings can be against the law if they discriminate against, harass, bully or racially vilify a person.

“Employers can be held legally responsible for acts of discrimination or harassment that occur in the workplace or in connection with a person’s employment. This can include posts and comments made or circulated on social media. To minimise their liability, employers need to demonstrate that they have taken all reasonable steps to prevent discrimination or harassment from occurring in their workplaces.” ~ Australian Human Rights Commission

Sometimes social media works in the employer’s favour. This good news story about an employee taking a mental health day went viral. Good to see top management sending a clear message to their employees, encouraging a mentally healthy workplace. In this case, the use of social media resulted in good press for the company. Interesting though, how rapidly the contents of an internal company email went viral via Twitter. Damaging comments about employers, employees or coworkers can go just as viral, with potentially disastrous consequences.

Employers can manage the risk of workplace disputes and claims of harassment or discrimination by educating their staff on appropriate conduct on social media. This should include policies and training addressing discrimination and harassment in the use of social media. It is also wise to include policies and discussions around organizational values and avoiding reputational damage.

If you receive a verbal or written workplace grievance or complaint about discrimination or harassment on social media, you are obliged to investigate the issue. Whether the investigation is conducted internally or externally, it must adhere to natural justice principles, confidentiality, rules of evidence, legal and policy compliance, and health and safety regulations. These standards help to ensure a fair and equitable process for all and allow your organisation to respond with the appropriate action.

WorkPlacePLUS has a team of experienced certified private investigators who provide independent workplace investigations of the highest standard. We assist in mitigating an employer’s obligations under various legislation such as Fair Work Act and Work, Health & Safety, while you continue to focus on business as usual. We value continuous improvement, so we also provide follow-up support to implement recommendations and restore harmony and productivity.

For more information, please contact us today.

The domestic violence statistics in Australia are chilling. One in four Australian women has experienced physical, sexual or emotional abuse by a current or former partner.1&2 More than half of those women have children in their care.3 Domestic or family violence against women is the single largest driver of homelessness for women4 and contributes to more death, disability and illness in women aged 15 to 44 than any other preventable risk factor.5

Are you aware of your employment obligations towards victims of domestic and family violence?

There is legislation which requires employers to create a safe workplace environment that is free from violence, discrimination and harassment.6 This should include victims of domestic and family violence.

“Domestic and family violence is a workplace issue. Having domestic/family violence as a new protected attribute in anti-discrimination legislation can provide another avenue of protection for victims and survivors who experience discrimination, as well as lead to improved measures for addressing domestic/family violence.”

~ Elizabeth Broderick

Sex Discrimination Commissioner, Australian Human Rights Commission

Victims of domestic and family violence often experience workplace discrimination as a result of taking time off work or temporarily having lower levels of productivity due to their experience of violence at home.

Employers need to be aware of the potential discrimination risks, including:

Denying leave or flexible work arrangements for an employee to attend matters as moving to a shelter or appearing in court,Transferring, demoting or terminating employment of a victim of domestic violence due to a drop in performance or attendance.

There are a range of actions that employers should consider in order to create a safe and supportive workplace. These positive actions include:

Acknowledging domestic and family violence as a workplace issueEstablishing clear Domestic Violence Policies and ProceduresMaking provisions for leave or flexible work arrangementsProviding an Employee Assistance Program with safety planningProviding external resources and referrals for additional specialised supportRegularly reviewing your anti-discrimination processes

If you require prompt confidential support for domestic violence or sexual assault, the national 24 hour hotline is 1800-RESPECT.

Is it time to review your workplace anti-discrimination processes?

At WorkPlacePLUS, we can assist in developing a Domestic Violence/Discrimination Policy or provide HR support and change management services to mitigate potential risks. Our experienced consultants can assist you in providing a safe work environment that is free from violence, discrimination and harassment.

For more information, please contact us today.

WorkPlacePLUS is “Preferred National Provider” for Speech Pathology Australia.

REFERENCES

1. Cox, P. (2015) Violence against women: Additional analysis of the Australian Bureau of Statistics’ Personal Safety Survey 2012, Horizons Research Report, Issue 1, Australia’s National Research Organisation for Women’s Safety (ANROWS), Sydney; and Woodlock, D., Healey, L., Howe, K., McGuire, M., Geddes, V. and Granek, S. (2014) Voices against violence paper one: Summary report and recommendations, Women with Disabilities Victoria, Office of the Public Advocate and Domestic Violence Resource Centre Victoria. 2. Australian Bureau of Statistics (ABS), 2012.

3. National Crime Prevention (2001) Young people and domestic violence: National research on young people’s attitudes and experiences of domestic violence, Crime Prevention Branch, Commonwealth Attorney-General’s Department, Canberra; and Cox (2015)

4. 55% of women with children presenting to specialist homelessness services nominated escaping violence as their main reason for seeking help. Australian Institute of Health and Welfare (2012) Specialist homeless services data collection 2011-12, Cat. No. HOU 267, Australian Institute of Health and Welfare, Canberra.

5. Based on Victorian figures from VicHealth (2004) The health costs of violence: Measuring the burden of disease caused by intimate partner violence, Victorian Health Promotion Foundation, Melbourne.

6. The Australian Human Rights Commission recommended that federal anti-discrimination legislation and the Fair Work Act 2009 (Cth) prohibit discrimination on the ground of domestic and family violence: Consolidation of Commonwealth Discrimination Law – domestic and family violence, (2012); Post Implementation Review of the Fair Work Act 2009 (2012); Australian Law Reform Commission: Family Violence and Commonwealth Laws: Employment and Superannuation (2011).

Does your workplace shut down over the Christmas Holidays? As we approach the festive season, it’s time to plan ahead for a smooth transition into the New Year.

Use this checklist to help make sure you’ve got your bases covered:

Skeleton Staffing

Many workplaces will shut down around Christmas and New Year’s but some require continuous staffing, such as medical and aged care facilities. To prepare:

Finalise staff rosters including any extra arrangements needed for contract workers.Clarify accountabilities including who will have building access.Provide updated emergency contact information.Plan ahead for any financial transactions or admin procedures that may be needed during the shutdown period.

Review Your Employment Obligations

Employers are required to pay employees their usual wages during Christmas/New Year’s shutdown unless their award or agreement says otherwise.For employees who have accumulated leave, check your award or agreement to see if you are allowed to request them to take their leave during the shut down period.Your award or enterprise agreement will also outline what employees should be paid when working on a public holiday.Breaking News: Please note that Christmas Day (December 25th) has been gazetted as an official public holiday in Victoria.

Protect Your Assets

Make sure your IT systems are backed up and secure including functioning generators.Turn off any equipment that won’t be needed.For equipment that will be needed, ensure that it has been serviced and power supply is backed up.Check all security and emergency procedures.

The down time after Christmas is a great opportunity to review your workplace practices. This is important to ensure that you are meeting your employment obligations, preventing risks and operating smoothly into the new year.

At WorkPlacePLUS, we offer a range of organisational management services including business mentoring and full HR reviews. If you would like to find out more about how we can help, please contact us today.

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia and all of its members.

Work Christmas parties provide a well-earned opportunity to have fun with your staff and celebrate your achievements. But employers beware: Christmas parties are a WHS minefield.

Employers are responsible for minimising risks at work functions by:

Checking the venue for safety hazardsLimiting the amount of alcohol being served and ensuring your staff are not intoxicatedProviding suitable transport to ensure everyone gets home safelyEnsuring your employees know the alcohol consumption and behavioural guidelines ahead of time

Christmas should be a happy time, not a time to worry about unplanned workplace claims. To mitigate risk, plan ahead.

Here are the main factors to consider:

The Christmas Party is still a “work activity”

Even if it is held at an off-site venue or outside of normal work hours, your Christmas party is still legally considered a workplace. Remind your employees that appropriate workplace code of conduct still applies. Their behaviour needs to follow the same professional standards as usual.

Alcohol exacerbates the Work Health & Safety risks

Do you have a policy on alcohol consumption at work functions? The potential risks of drunken injurious accidents and sexual harassment are more likely to be an issue if your employees drink too much.

In a 2015 case where an employee was fired for workplace bullying and sexual harassment at a work Christmas party, the Fair Work Commission found that the worker was unfairly dismissed because the employer supplied unlimited amounts of free alcohol1. This costly outcome highlights the need for employers to be vigilant about risk mitigation when planning a work function.

Accidents happen — check for safety hazards

Alcohol can impair people’s judgement and reaction times, so take extra care to ensure there a no potential hazards that may cause a trip, slip or fall. If your Christmas party is being held at off-site venue, inspect the premises ahead of time and make any potential risk areas out of bounds. It is also a good idea to confirm that the venue has Public Liability insurance.

Don’t pay more for your Christmas party than you had planned – make sure you are complying with safety policies and reminding your staff to adhere to your code of conduct.

At WorkPlacePLUS, we offer risk mitigation services, full HR reviews of your policies and procedures and independent workplace investigations for when an issue arises. To discuss how we can assist your organisation, please contact us today.

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia and all of its members.

1. http://www.smh.com.au/business/workplace-relations/employee-who-abused-bosses-was-unfairly-dismissed-20150630-gi1kic.html

Best practice for new employees is to induct them into your organisation and provide them with a copy of your workplace policies.

If you are a CEO, Director, Manager or HR Manager, no doubt you are already aware of some of the key policies employers would have, including:

But the policies above are an umbrella for several other essential policies, including:

Are the policies in your employee manual relevant and appropriate to your particular workplace?

You should regularly review your employee handbook to ensure that your policies and procedures comply with current employment legislation. Your policies also need to be relevant to recent or evolving changes in your workplace culture. For example:

And don’t forget your policies and procedures around Complaints & Grievances with options for conflict resolution and employee assistance.

When was the last time you provided a policy training session for your staff?

Any time that you review and update your policies, make sure that all of your staff understand the changes. Running a refresher training or info session is the best way to ensure that your staff are well informed.

At WorkPlacePLUS, we can assist in developing or reviewing your employee manual, with relevant policies that address your unique workplace culture and comply with current regulations. We can also educate your staff on important policy updates and help to address any questions or concerns they may have.

For more information, please contact us today.

1 in 5 Australians are affected by mental illness. World Mental Health Day on 10th October reminds us to shed some light on mental health issues that may be affecting the people around us.

Employers and managers play a crucial role in promoting a mentally healthy workplace. Your teams will naturally look to you for leadership and support, so it is important to know what support resources are available and how to discuss mental health with your staff.

Here are 5 management tips promoting a mentally healthy workplace:

1. Educate yourself and your staff – learn about the signs and symptoms of mental illness, and remind staff about the available support resources, such as an employee assistance program.

2. Ask if everything is OK, and listen – look out for warning signs that something is off, such as mood, lateness, or a drop in performance; act promptly and kind-heartedly to see if that person needs any help.

3. Arrange a workplace adjustment – for a staff member who is struggling, you can work together to negotiate a temporary adjustment of their role or workload, to help them get through their rough patch.

4. Keep the conversation alive - reduce stigma and create a culture of support by discussing mental health regularly, in meetings, newsletters and policy reviews.

5. Lead by example - encourage respectful behaviour by speaking out against gossip; demonstrate healthy work habits, such as taking regular breaks and “switching off” of work emails after hour

A positive, healthy workplace culture promotes mental wellbeing and brings out the best in people’s morale and productivity. Research also shows that a mentally healthy workplace can, on average, result in a positive return on investment.

Employers also have a formal responsibility to address mental health issues in the workplace under various employment based legislation:

Workplace Health & Safety (WH&S)

Steps must be taken to ensure that the working environment does not harm mental health or worsen an existing condition.

Employers must make reasonable adjustments to support people with a disability (including a mental health condition) provided the person is able to fulfil the core requirements of the job.

Reasonable adjustments are changes to a job role or workplace that help someone with a mental health condition to keep working, or return to the workplace if they've taken time off.

An employee’s mental health condition can’t be shared with anyone without their permission, unless there is a direct risk to their health and safety or that of others. This information can only be used for the purposes for which it was disclosed, e.g. arranging “workplace adjustments” to support the employee.

Do you have the proper skills and resources to nurture the culture of your organisation? WorkPlacePLUS provides integrated human resource services, including coaching and professional training programs, to help you create a mentally healthy workplace.

For more information, please contact us today.

Professional Learning & Development for Management & Leadership

There is a difference between managing and leading. Do your managers have the right tools and awareness to drive staff engagement and bring out the best in their teams?

BUILDING PATHWAYS is professional development program designed to equip your managers with the skills they need to excel.

Throughout the program, which runs for four days over a three-month period, participants will engage in reflective practice, applying their learning to real situations in the workplace, with the benefit of expert feedback and support from our facilitators.

Learning Outcomes

Participants will learn:

The aspects of an emotionally intelligent leaderThe key principles for successHow to drive staff engagementHow to drive high performing teamsEffective communication strategiesStrategies for giving and receiving feedbackEffective change management strategiesThe key touchpoints of employee management

Who Should Attend?

Managers, supervisors, team leaders and aspiring leaders

Topics Covered

Organisational LeadershipPersonal LeadershipLeading TeamsManaging the Employee Life Cycle

Our Personal Leadership session covers DISC behavioural profiling, which is used to identify particular behavioural styles and preferred communication styles. This data helps you understand your strengths and limitations, and practice behavioural flexibility to bring out the best in communications with other people. When putting a team together, your ability to read or assess other people’s preferred styles can help you achieve the right balance and diversity for optimal teamwork and productivity.

Registration

For more information and bookings, please contact us today.

Employers should take care to prepare compliant, enforceable employment contracts that are tailored to your own circumstances.

An employment contract is an agreement between an employer and employee that sets out the terms and conditions of employment. According to the Fair Work Ombudsman, an employment contract can be verbal or written, but we would strongly caution anyone against relying solely on a verbal contract as they can be misunderstood or forgotten.

“Just sign on the dotted line…”

A valid, well-drafted written contract is crucial. It creates certainty for both parties, formalises the terms of the professional relationship and reduces the risk of costly disputes by detailing payments, timeframes and work to be performed.

Like any contract, employment contracts are usually only rolled out when there are disputes or things are not working out. A good employment contract will set out how a dispute can be resolved, and how either party can end the contract before the work is completed.

Employers should take care to prepare enforceable employment contracts that are tailored to your own circumstances. Here are our 10 key points to getting them right:

Comply with the minimum wage and employment conditions under various employment laws, awards, enterprise agreements and taxation laws. Specify how the contact interacts with National Employment Standards and other various legislative requirements.Include confidentiality and non competition clauses. This may include provisions on intellectual property, or post-employment restraints.Clarify the nature of the relationship and whether the arrangement is a “services contract” for employing an independent contractor, or an “employment contract” for taking on casual, part-time or permanent employee.Specify the terms of employment, including the employee’s position description, duties, work days, hours and location, breaks, reporting arrangements and dress code.Specify the remuneration and whether the employee will be paid based on hours worked or an annual remuneration package. Include details on superannuation.Include details on leave arrangements, such as holiday pay, sick pay, long service leave and leave without pay.Include provisions in relation to bringing the contract to an end, such as termination, notice periods and redundancy.Name any relevant benefits, for example vehicle, mobile phone, computer, uniform, travel, health insurance or other allowances.Specify employee compliance requirements such as first aid certificate, working with children checks, police or bankruptcy checks, licenses, certifications or registrations, continuing education, and a requirement to comply with workplace policies.Make sure you review the contract on a regular basis, keeping it updated and compliant with new legislation affecting employment.

Developing your own complying employment contracts can be tricky. WorkPlacePLUS can support employers with tailoring employment contracts to suit your specific circumstances.

In addition, the WorkPlacePLUS team can help mitigate your employment risk by conducting a review of your current Human Resources and employment processes and practices, to identify areas for improvement.

For more information, please contact us today.

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia and all of its members.

Legislative reform puts you at risk

Honest, well-meaning Directors or Senior Executives can face the unwelcome surprise of penalties or legal expenses simply because they have been unaware of legislative changes affecting their workplace.

You are primarily responsible for the organisation’s obligations including employment, taxation and vast array of other legislation affecting your particular industry. Failing to meet your obligations at any point in time can potentially put you and the organisation at risk of criminal sanctions, civil sanctions, disqualification, penalties and other commercial consequences such as brand damage, additional legal expenses, investigation costs, and potentially personal liability etc.

Over the last twelve months there has been a number of high profile examples of organisations that have been charged by Fair Work for not meeting their employment obligations and have incurred extensive negative press, penalties and legal costs.

Your employment obligations can change whenever the government introduces a legislation reform.

Most recently, the Fair Work Commission issued a major decision on modern awards for casual and part time workers, allowing casuals to convert their employment to full/part time, within various restrictions. 1

Initially employers use casual staff to fill in for staff shortages. Over time, employers can fall into the trap where casual staff work regular and consistent hours over a long period of time and the employer is potentially expose to the risk that those casual staff could be classified as permanent part time.

Other legislative reform examples to be aware of:

In 2014, new workplace bullying laws formed part of the Fair Work Act 2009.2 This Workplace Health and Safety reform directly places obligation and liability on the employer and directors can be held personally liable if they fail to provide a workplace free from bullying and harassment.

In June 2017, the Fair Work Commission handed down:

- Its decision confirming that penalty rate reductions in the retail, hospitality, pharmacy and fast food sectors will be phased in over the next few years. In some cases, the full cut will not be implemented until 2020.

- Its annual wage review decision for 2017, which applies to all employees covered by modern awards and enterprise awards, as well as award-free employees. As a component of this, the Fair Work Commission has approved a 3.3% increase on minimum wages to $18.29 an hour. 5

Well performing organisations have an Enterprise Risk Management Framework. This involves making decisions and establishing governance systems that embed and support effective risk identification and mitigation, as well as building an organisational culture that supports alertness, openness and responsiveness to change.

WorkPlacePLUS offers a range of risk mitigation services to help ensure you are meeting your employment obligations. We provide HR audits, change management reviews, educational training programs, IR mediation and independent workplace investigations.

For more information, please contact us today.

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia and all of its members.

1. Casual workers win right to request permanent employment after 12 months under Fair Work ruling

2. Fair Work Act 2009 (Cth) sections 789FA – 789FI

3. The Australian Human Rights Commission recommended that federal anti-discrimination legislation and the Fair Work Act 2009 (Cth) prohibit discrimination on the ground of domestic and family violence:Consolidation of Commonwealth Discrimination Law – domestic and family violence, (2012); Post Implementation Review of the Fair Work Act 2009 (2012); Australian Law Reform Commission: Family Violence and Commonwealth Laws: Employment and Superannuation (2011).

4. Fair Work Act 2009 Amendment (Protecting Vulnerable Workers) Bill 2017

5. 4 yearly review of modern awards / penalty rates decision

September 14th is RU OK? Day.

The premise of the R U OK campaign is that by inspiring people to take the time to ask "Are you ok?" and listen, we can help people struggling with life feel connected long before they even think about suicide.

It all comes down to regular, face-to-face, meaningful conversations about life. And asking “Are you ok?” is a great place to start.

In a professional environment, depending on your workplace culture, it may not be common practice to discuss personal issues with your colleagues or staff. But if you notice that someone seems to be out-of-sorts or struggling in some way, offering your support and asking “Are you okay?” could make an important difference to that person.

However, when asking “Are you ok?” at work, be prepared to follow up appropriately by knowing what support services and resources are available. If someone confides that they are not okay, and you do nothing about it, you could be found negligent of your duty of care as a manager or employer.

Also, when you receive an allegation or complaint regarding a workplace incident, your first response should be to enquire whether your staff member is okay. Bypassing this gesture could again put you at risk of being found negligent of your duty of care.

The R U OK? website contains a wealth of information and resources on how to check in with your family member, friend or colleague who may be struggling, including detailed instructions on how to ask.

If they say they are not ok, you can follow the conversation steps on the R U OK? website to show them they’re supported and help them find strategies to better manage the load. If they are ok, that person will know you’re someone who cares enough to ask.

Worried someone might be suicidal? Contact Lifeline for crisis support. If life is in danger, call 000.

Dealing with people and managing risks within an organisation can be complex. WorkPlacePLUS provides integrated human resource services including independent workplace investigations, mediation and training programs.

Our Courageous Conversations module equips managers and supervisors with the practical skills and techniques to handle complex situations with confidence. We also offer training on mental health in the workplace and meeting legal and compliance requirements.

For more information, please contact us today.

Our 3 top profiling tools and why you should be using them

Personality profiling and behavioural science tools are used in the workplace to screen and assess candidates, cultivate top performers and manage, train or coach more effectively, based on behavioural styles.

For optimal insight into the people and culture of your workplace, here are our top three profiling tools, which can be either used separately or combined:

1. DISC Behavioural Profiling

The DISC behavioural profiling tool is used universally to identify particular behavioural styles and preferred communication styles. It provides data to help you understand your strengths and limitations, and practice behavioural flexibility to bring out the best in communications with other people.

Behavioural Styles:

How we deal with challenges

How we deal with people and contacts

How we deal with pace and consistency

How we deal with constraints and procedures

Your CEO may be a busy, fast-paced, "D" personality type who needs you to be very direct in your communication style, whereas a colleague with more of stabilising, quiet, "S" energy may need to ease into a communication or be given time and space to reflect before responding.

Using DISC profiling to better understand yourself and others, empowers you to choose and practice the most effective style of behaviour and communication for any given situation. When putting a team together, your ability to read or assess other people’s preferred styles can help you achieve the right balance and diversity for optimal teamwork and productivity.

2. Workplace Motivational Profiling

This profiling is based on the theory that there are six potential attitudes or motivators that drive people towards action in the workplace:

Theoretical: driven by truth

Utilitarian: driven by return-on-investment

Aesthetic: driven by beauty and harmony

Social: driven by peace and justice

Individualistic: driven by leadership

Traditional: driven by higher purpose

Motivators are strongly linked to people’s values, so these can potentially cause conflict within groups. Within a group of people, if you share common motivators, you will tend to get on really well, but if you have polar opposite motivators, you might find that you clash. Motivational profiling is therefore an invaluable tool for effective team structuring, managing, problem solving and conflict resolution.

3. EQ Emotional Intelligence Profiling

EQ profiling focuses on the five pillars of emotional intelligence that reflect your ability to not only understand yourself and others, but to apply that insight to the way you operate and interact.

The Five Pillars of Emotional Intelligence:

Self Awareness: Awareness of your own moods, emotions, motivators and impact

Self Regulation: Ability to control your mood, suspend judgement and think before acting

Motivation: Drive to pursue your goals with passion, purpose and persistence

Empathy: Awareness of, and acting respectfully towards, other people’s emotions

Social Skills: Proficiency in managing relationships, networking and building rapport

You may have a high dimension of self awareness but not necessarily have empathy with other people or understand why they do what they do. Or you may be highly motivated but lacking in social skills. EQ profiling allows you to recognise where you may need to develop your competencies, so you can build your EQ, which is one of the most sought after leadership skills.

What are the benefits of behavioural, motivational and EQ profiling?

For directors, managers and emerging leaders within your organisation, there are many benefits to being able to measure, analyse and understand your own strengths and limitations, as well as those of your team members. These include:

Complex people issues are often caused by differing personalities and communication styles. WorkPlacePLUS offers a range of behavioural profiling services to assist with communication issues, team building and performance management within your organisation.

Our executive coaching, professional training programs and conflict resolution services can incorporate behavioural profiling as an effective measurement tool for improving management styles, boosting productivity and cultivating a harmonious workplace environment.

For more information, please contact us today.

Office romances can be risky business. In some cases, the consequences can be severely career-damaging, as you may have seen in recent high profile news stories across various media. While some workplace relationships may be unproblematic, employers need to see the potential red flags and mitigate the risks of inappropriate workplace conduct.

Hierarchy

Even when a relationship appears consensual, the power imbalance of a workplace relationship between a supervisor and subordinate can raise the issue of whether the junior employee feels intimidated or pressured to consent. If the relationship goes wrong or ends badly, this could lead to a claim of bullying and harassment, as seen in the drawn-out legal battle between Amber Harrison and Seven West Media.

"Businesses and organisations who are committed to promoting a workplace culture free from discrimination, bullying and harassment need to demonstrate that appropriate workplace conduct is built on respect, responsibility and appropriate use of power."

Favouritism

When a workplace relationship involves a supervisor and subordinate, is very difficult to avoid the perception of preferential treatment. If co-workers believe that a promotion or reward has been given on the basis of favourtism, this has a damaging impact on workplace culture and may also lead to discrimination claims.

Sexual Harassment

The biggest risk of workplace relationships is a claim of bullying or sexual harassment. For a remarkably expensive cautionary tale, you don’t need to look any further than the $37 million lawsuit between Kristy Fraser-Kirk and David Jones. Employers must implement appropriate policies and trainings mitigate the risk of sexual harassment and unwelcome conduct.

Work Parties

Work-related functions, conferences and events warrant a special mention in this article because alcohol consumption increases the risk of sexual harassment in the workplace. Even if the work function is held at an off-site venue or outside of normal work hours, it is still legally considered a workplace, and therefore appropriate workplace code of conduct still applies.

Respect, Responsibility and Appropriate Use of Power

All workplaces should have a code of conduct or set of policies in place to address appropriate workplace conduct, yet these codes can be very difficult to manage. Businesses and organisations who are committed to promoting a workplace culture free from discrimination, bullying and harassment need to demonstrate that appropriate workplace conduct is built on respect, responsibility and appropriate use of power.

WorkPlacePLUS provides specialised management and leadership programs to suit the specific needs of your organisation. Our Respect and Responsibility module goes beyond the usual bullying and harassment session to focus on promoting organisational values, positive team work and communication, while gaining an understanding of appropriate workplace conduct, relevant legislation and organisational policies. We also provide conflict resolution services and independent workplace investigations, for when serious issues arise.

For more information, please contact us today.

Helping organisations to resolve workplace disputes and grievances is a major component of my work as a senior HR consultant. Such disputes may involve employees, stakeholders, contractors, vendors, clients, unions or the broader community. For any manager or employer who wants to prevent grievances from escalating, my best tip is to promote honest communication within your workplace culture.

In a previous article, I have discussed the power of a courageous conversation. These types of conversations are initiated to discuss issues that you would probably rather avoid – the ‘undiscussable’. They require you to speak candidly and listen openly, they will often take the most courage to engage in and will ultimately have the biggest impact.

Courageous conversations are indeed powerful, yet many organisations lack the resources, training or experience to effectively facilitate them. This is where mediation can help. As the neutral third-party, a mediator facilitates communication and understanding between two parties, empowering them to negotiate a mutually acceptable outcome.

Here are my top 5 reasons why mediation provides such a powerful path to conflict resolution in the workplace:

1. The safe space for honest communication

A mediator uses their expertise to encourage and enable courageous conversations. Mediation creates a safe time and space for two parties to delve into the deeper issues and navigate a way forward, towards resolution.

2. The proactive approach to conflict resolution

An experienced mediator is able to identify where relationships have an undercurrent, or when something has happened that needs to be talked about, so that issues can brought to the surface and discussed before things get out of hand. The opposite to burying your head in sand, mediation encourages a proactive response, such as “I’m sensing something not right, what can we do to get things back on track?”

3. The opportunity for continuous improvement

When managers or directors sense an issue brewing in the workplace, they can either choose to evade it or explore it. Those who encourage courageous conversations ultimately benefit from a huge phase of growth, learning and change within the organisation. With insights into their workplace culture and behaviours, organisations can transform the way their people interact, which has a positive ripple effect on not only productivity but every aspect of the workplace.

4. The commitment to respect and wellbeing in the workplace

When an organisation responds proactively to tensions or disputes by engaging an experienced, independent mediator, this sends a strong message about the value of wellbeing in the workplace. It also demonstrates the organisation’s commitment to fair, respectful conflict resolution.

5. Settling out of court

Mediators who are certified to perform court-mandated mediation under the National Mediation Accreditation System may receive referrals from the Fair Work commission, or any other commission, to assist in court-mandated mediation. This is often the first step before a case is escalated to court, where a decision is imposed by a judge. Mediation reaches a negotiation in a much more direct, private and amicable way.

How do you resolve conflict in the workplace?

To help you resolve complex workplace issues, WorkPlacePLUS provides mediation services with a commitment to continuous improvement and strengthening teams. Our skilled mediators are certified to perform court-mandated mediation under the National Mediation Accreditation System.

WorkPlacePLUS also offers professional development programs such as our Courageous Conversations module, valuable for employers wanting to upskill their respective managers/team leaders on the benefits of open communications and how to manage their staff.

For more information, please contact us today.

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia and all of its members.

NDIS Workforce Training for Senior Managers & HR Managers

National Disability Services (NDS) has partnered with WorkPlacePLUS to develop a training module that will support disability service providers to understand the overarching principles of workforce planning and capacity building required for their organisation in these constantly changing and challenging times.

It is expected that the significant increase in funding to disability service providers as a consequence of the National Disability Insurance Scheme (NDIS), and the cultural changes in service demands, will place significant pressure on workforce needs.

Learning Outcomes

Participants involved in the workshop will be able to:

Understand the theory and foundations for developing a workforce plan, in context of the NDIS and the region that they are operating inDemonstrate an understanding of how workforce analytics can assist your organisation’s decision makingDemonstrate how to use the workforce planning tool and workforce road mapGet an overview of available workforce resourcesFuture workforce profile: inspiration, getting ideas, opportunity to explore

Who Should Attend?

Senior managers or HR managers throughout Victoria

Topics Covered

Implications of the NDIS on workforce operationsPrinciples of workforce planning and capacity buildingWorkforce in a regional contextWorkforce planning, innovation and implementation

Registration

For further information or to register, please contact Nicole Jenkins, National Learning & Development Manager, NDS on Nicole.Jenkins@nds.org.au or (02) 9256 3107.

It’s that time year again – the end of the financial year brings annual CPI increases and award changes.

There are various actions that need to be completed leading up to the end of the financial year, depending on legal requirements or just because it is best business practice:

For those businesses that qualify, ensuring that they have taken advantage of the federal government $20,000 capital deduction in this financial yearCompleting the budgeting process for the new financial yearPlanning for the final pay run of the financial year, including preparation of group certificates, payment of superannuation, etc.Ensuring that team leaders complete the staff performance review process

Subsequent to 30 June 2017, your team should:

Ensure compliance with Fair Work, such as minimum wage, and review the impact to your business.*Complete various reconciliations and lodgements of the PAYG return, Payroll Tax Return/s (if applicable), Workers Compensation Return/s, providing staff with Group Certificates, etc.

* On 6th June 2017, the Fair Work Commission handed down its annual wage review decision for 2017, which applies to all employees covered by modern awards and enterprise awards, as well as award-free employees. As a component of this, the Fair Work Commission has approved a 3.3% increase on minimum wages to $18.29 an hour.

* On 5th June 2017, the Fair Work Commission handed down its decision confirming that penalty rate reductions in the retail, hospitality, pharmacy and fast food sectors will be phased in over the next few years. In some cases the, full cut will not be implemented until 2020.

To mitigate your exposure to the potential for non-compliance, your team needs to understand how CPI increases, awards changes and other decisions by Fair Work impact your legal obligations as an employer. They also need to ensure that any required changes are implemented correctly.

For expert assistance on workplace compliance and risk mitigation, contact us today.

I have been developing my HR expertise for over 20 years, so it was a great honour to be invited to speak about “How to handle a grievance at work” on ABC Radio National’s “Best Practice” program, which brings listeners the big ideas in workplace culture, leadership, innovation and trends.

The producer took a particular interest in the work we do at WorkPlacePLUS around independent workplace investigations, and how we support businesses or organisations facing complex workplace issues such as claims of bullying, discrimination or harassment, inappropriate use of the internet or social media, fraud, theft, misconduct or non-performance of legislation or policies.

How did I go? When you’ve listened, please leave me a comment to let me know your thoughts.

I loved visiting the ABC’s brand new studios in Southbank and experiencing the pace and professionalism of Australia’s most respected news and media organisation. It is also terrific to realise the true power of radio. Sharing my expert advice on national radio has potentially helped directors, managers and supervisors all around Australia. I look forward to doing it again!

A special thank you to the producer, Ian Coombe, and the presenter, Richard Aedy, for having me on the program.

Whatever complex challenges you may be facing in your organisation, there is always a ‘best practice’ solution. Are you clear on the steps you need to take?

WorkPlacePLUS offers full HR risk management including compliance reviews of policies, procedures and employment contracts, and independent mediation and investigative services for when issues arise. We encourage continuous improvement by facilitating appropriate communication and educational training.

For more information, please contact us today.

After completing their compulsory four-yearly review of modern awards, the Fair Work Commission handed down a decision on 23rd February 2017 to reduce Sunday, public holiday and late night/early morning penalty rates in various modern awards, with most changes taking effect from 1st July. For some employers, this will impact their enterprise bargaining agreement (EBA).

Modern awards are industry based minimum employment standards which apply to all employers and employees in that sector. A collective EBA between an employer and its employees can be a handy umbrella to cover multiple modern awards created by the Fair Work Act 2009. When EBA’s are used to set out conditions of employment for a group of employees, these contracts replace the use of a modern award. However, the pay rate in an EBA cannot be less than the pay rate in the relevant modern award.

With penalty rates about to change in the hospitality, retail and fast food industries, those with EBA’s cannot instantly reduce the “after hours” wages of their employees. Instead, they will need to review and renegotiate their enterprise bargaining agreement.

The Fair Work Commission’s review of modern awards highlights the importance for all employers to stay informed of legislative changes and review their employer obligations, regardless of their industry.

5 tips to revising your enterprise agreement:

1. Pass the Better Off Overall Test. The Fair Work Commission will assess your EBA against comparable modern awards to decide whether it passes the Better Off Overall Test. Which modern awards are relevant to your EBA? Have they been altered by recent legislative reform?

2. List your issues. Make sure your EBA covers all of the issues you want to address, paying close attention to any recent legislative changes that may affect your employer obligations. Where do you stand on these issues?

3. Consider your employees. Try to anticipate the issues that your employees will want to address. Also, consider what forms of industrial action they might take. How will you prepare for this?

4. Follow the correct paperwork, timeframe and voting requirements. Be prepared to hand your employees a notice of representational rights form. Follow the correct voting process and know the documentation and timeframes required for submitting your approved EBA to the Fair Work Commission.

5. Engage an experienced Industrial Relations expert. A professional IR expert can make sure you adhere to your good faith bargaining obligations, help you to deal appropriately with union representatives and offer a sensible strategy to successfully navigating the EBA revision process.

When reviewing your enterprise bargaining agreement, make sure you get it right. If your EBA is rejected by the Fair Work Commission due to procedural mistakes or non-compliance with updated modern awards, you may have to repeat the bargaining and voting process. This can be expensive, disruptive and damaging to your reputation.

For expert industrial relations support and practical assistance with enterprise bargaining, please contact us today.

WorkPlacePLUS is “Preferred National Provider” for Speech Pathology Australia.

Many organisations recognise and promote their good performers into team leader roles, creating an opportunity to strengthen the organisational culture and loyalty when the right candidate is selected.

From our experience, however, very few organisations provide their prospective team leaders with the practical tools and leadership skills to succeed in their new position. This ultimately becomes a costly oversight.

"The only thing worse than training your employees and having them leave is not training them and having them stay." - Henry Ford

Supervisor, Management and Leadership Training Programs

To support businesses, not-for-profits, local governments, Health & Allied Practitioners and NGO’s, the very experienced staff at WorkPlacePLUS have developed a range of practical training programs which address areas such as performance management, legal compliance, communication strategies and empowering your staff to succeed in their leadership roles.

Directors, managers and team leaders all benefit from our specialised interactive trainings, as program participants are equipped with the tools to excel.

WorkPlacePLUS programs include the following modules:

Building Pathways to Great Leadership

This program provides current or emerging managers, supervisors and team leaders with the essentials they need in order to effectively manage and motivate their staff, while meeting legal and compliance requirements.

Respect & Responsibility

This program goes beyond the usual bullying and harassment session to focus on promoting organisational values, positive team work and communication, while gaining an understanding of relevant legislation and organisational policies

Courageous Conversations

Valuable for anyone needing to face challenges with clients, colleagues and the community. This program equips participants with the emotional intelligence and practical skills required to handle complex situations with confidence.

Managing Performance

This program supports managers and leaders to create clear, measurable goals and plans for their teams, while enhancing their ability to motivate staff and lead employee engagement to a higher level of performance.

WorkPlacePLUS can customise a training program for your organisation

Based on the specific needs of your organisation, our customised programs can address career planning, restructuring, grievances, behavioural profiling, poor performance and conduct, mental health in the workplace, domestic violence in the workplace and more.

For more information, please contact us today.

WorkPlacePLUS is “Preferred National Provider” for Speech Pathology Australia.

In the wake of several high-profile cases of worker exploitation, along with growing community outrage over the exploitation of migrant workers, the government has introduced new legislation.

The Government last week passed the Fair Work Act 2009 Amendment (Protecting Vulnerable Workers) Bill 2017, which is clearly focused on franchisors and group companies. The Bill will place significant additional responsibility on franchisors and group companies over the employment practices of their franchisees or subsidiaries.

These amendments will effectively create the following:

A joint liability between franchisor and franchisee. Franchisors will be directly liable for the underpayment liabilities where they failed to take reasonable steps to prevent non-compliance within their networks.Prohibition against employers unreasonably requiring employees to make payments.A substantial increase in the maximum penalty for serious contraventions of the ACT, up to $540,000 for a corporation and $108,000 for an individual.

In addition, these changes will be enforced by the Fair Work Ombudsman, who have been provided with an additional $20 million in funding to create a Migrant Workers Taskforce, specifically targeting employers who exploit vulnerable migrant workers.

How does the new Protecting Vulnerable Workers Bill affect your organisation?

To mitigate your exposure to the potential for non-compliance, it is important to review your employment obligations and make appropriate changes. If you think this new legislation will affect your organisation, contact us to discuss what your next steps should be.

For more information on workplace compliance and risk mitigation, contact us today.

WorkPlacePLUS is “Preferred National Provider” for Speech Pathology Australia.

The 8th of March is International Women’s Day and this year’s theme is “Be Bold for Change”.

In Australia, we are fortunate. Various workplace policies exist to promote diversity and equal employment opportunity, and to protect employees from discrimination, bullying and harassment. But can we do more to reject outdated discriminatory attitudes towards women?

I see International Women’s Day as an opportunity to not only review your workplace policies, but also to take a look at your workplace culture and be open to change.

Are there changes you can make to your workplace culture that will positively affect your employees and ultimately the organisation?

Creating or reviewing your diversity policy is a necessary step towards achieving a more respectful and equitable workplace. But to create a noticeable cultural shift, the key is promoting your policies with real actions.

These are just a few examples of how you can implement your policies to create real change:

Collaborative and consultative communication is essential to our day-to-day workplace culture, underpinning the long term success of your team and organisation. Learn more about the power of having courageous conversations at work.

Climate and cultural surveys can uncover issues such as bullying and harassment, inconsistent and inappropriate communications from management, team silos and the reasons for low morale. They can also identify what is working well in an organisation.

Coaching and staff trainings can make a positive impact by educating directors, managers and employees on appropriate communications in the workplace, staff and company values, building trust, adapting to change and meeting legislative compliance.

Implementing cultural change within an organisation can be a complex undertaking. Depending on your strategic direction, changes to the organisational structure maybe required. Before you dive into any hiring or firing of staff, always review your employment obligations!

If you are ready to “be bold for change”, let’s chat. We can discuss your vision and develop an appropriate plan of action that will remove the stress from the equation. Feel free to contact us today.

WorkPlacePLUS is the “Preferred National Provider” for Speech Pathology Australia.

Expanding your team can be an exciting time for your company or organisation, signifying growth and momentum within the workplace. However, before you dive into employing a new staff member, it is important to strategically map out your organisational structure and the roles and responsibilities of the new position.

Remember that the circumstances by which you take on a new employee will have a financial impact on your business, particularly if issues arise or if things don’t work out. The best way to mitigate the risk of costly disputes is to clarify your employment obligations ahead of time, including all of the details related to the job description, employment contracts, policies, procedures and job training.

Here are the main factors you may need to consider before you take on that new employee:

Position Description, Advertising and Recruiting

Be very clear on the details of the job being filled. Take the time to develop a Position Description which includes the functions and responsibilities you are requiring from this position.

In developing your advertisement, you may wish to utilise the Key Selection Criteria, qualifications, skills and attributes that have been set out in the position description. Also, outline the terms of the job (e.g. full time, part time, casual, fixed term, seasonal, etc.) and specify the working days, hours and any special requirements such as Police Check, Working with Children Check, specialised certifications or physical requirements.

Minimum Wages and Employment Contracts

Employers are responsible for ensuring that they meet the minimum wage and employment conditions under various employment laws, awards, enterprise agreements and taxation laws. Failure to comply with all of the requirements may result in fines, penalties, legal costs, negative publicity and possible brand damage.

Does your current employment contract comply with the various legislative requirements? Do they include confidentiality and non competition clauses?

Process, Documentation and Induction

Before your new employee commences work, you should have their signed employment contract, signed Tax File Number Declaration and their Superannuation Nomination form. You may also supply them with a Fair Work Information Statement.

Best practices for new employees is to induct them into your organisation, which can mean providing them with a copy of your workplace policies, such as:

Bullying & Harassment PolicyCode of ConductUse of IT and Social Media PolicyConfidentiality PolicyWorkplace Health and Safety Policy, highlighting any potential workplace risks or hazards.

Employers and supervisors should meet with the employee and develop the key performance indicators by which their performance will be measured. This should be a constructive process which commences at the employee’s probationary period and provides an opportunity for regular communication. Keeping written records of any issues, incidents, milestones, achievements and discussions will support you in the case of a dispute or investigation.

Would you like some support in reviewing your employment obligations before you hire a new staff member?

At WorkPlacePLUS, we offer support with documentation and employment contracts, full HR reviews of your policies and procedures, performance management, risk mitigation services and independent workplace investigations.

For more information, please contact us today.

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia and all of its members.

You could argue that workplace compliance is a two-way street between the employer and the employees, each party being responsible for knowing and understanding the current employment obligations and requirements.

Employers are primarily responsible to ensure that they comply with the myriad of legislation and regulations around employing staff. By the same token, employees need to understand their legal rights and take the time to properly review and understand their employment contracts and the organisation’s policies.

At the end of the day, however, the onus is on the employer. So are the risks.

Ultimately, Directors or Senior Executives have the key responsibility of complying with the legal and regulatory requirements of running a business or organisation. Such legal and regulatory requirements related to employing staff include:

Fairwork Act 2009Sex Discrimination Act 1984Disability Discrimination Act 1992Australian Taxation Office – PAYG and Superannuation GuaranteeWorkplace Health and Safety ActAWARDSWorkplace Agreements

Not meeting your obligations can result in criminal sanctions, civil sanctions, disqualification, penalties and commercial consequences.

Ignorance is no excuse. In two separate cases within the Australian Aged Care Industry, for example, companies have had to pay millions of dollars in compensation for inadvertently underpaying their workers:

These cases are a reminder that a small error unnoticed over time can result in severe consequences.

How often do you review your HR and IR processes and controls? Can you afford to not to comply?

Employers can mitigate their employment obligation risks by consulting with an experienced Human Resource advisor who can implement various support tools. A Human Resource and Industrial Relations specialist can help you ensure you are complying with employment contracts, implementing Human Resources Policies and Procedures and maintaining accurate recordkeeping.

At WorkPlacePLUS, we offer risk mitigation services, full HR reviews of your policies and procedures and independent workplace investigations for when an issue arises. To discuss how we can assist your organisation, please contact us today.

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia and all of its members.

1. $200,00 penalty for $2.5 million underpayment

2. $4.8 million back-pay for thousands of aged-care workers after overtime pay error

Whenever a manager receives a verbal or formal written complaint, there is a range of thought processes, lines of questioning, evidence and facts that need to be collected.

From the moment a grievance or complaint is received, two critical steps must be taken:

Critical Step #1 – Document Everything!

Many people undertake a preliminary investigation without even realising it, and consequently do not document this crucial information.

The initial discussions had with the complainant and respondent become the foundation for understanding the heart of the matter. Documenting these discussions enables the person who is investigating, whether they are an internal or independent party, to establish the allegations and to resolve the issues in an efficient manner.

Critical Step #2 – Decide: Do you need an independent workplace investigator?

Whether an investigation is conducted internally or externally, it must adhere to natural justice principles, confidentiality, rules of evidence, legal and policy compliance, and health and safety regulations. These standards help to ensure a fair and equitable process for all and allow an organisation to respond with the appropriate action.

Conducting an investigation internally will have some advantages – the internal investigator (Staff Member) understands the unique culture of the organisation, knows the parties involved, and is in an appropriate role to make recommendations and implement decisions.

However, internal workplace investigations are prone to accusations of lack procedural fairness, transparency or perceived conflict of interest.

5 reasons to hire an independent workplace investigator:

Workplace investigations must be conducted professionally from interview stage through to the final report. This strengthens the findings, in case they are challenged by the staff member, union or court system.

WorkPlacePLUS provides full investigation services of the highest standard, which are able to meet your obligations under various legislation such as Fair Work Act and Work, Health & Safety, while you continue on with business as usual.

Being independent, WorkPlacePLUS reduces the potential claims of conflicts of interest. We are able to provide a rigorous independent workplace investigation, from initial interview through to final report. Our consultants are trained private investigators and experts in remaining focused and sensitive throughout the entire process. We can even support your organisation to return to normal after the investigation by assisting in restoring harmony and productivity.

For more information, please contact us today.

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia.

When iPhones and smartphones were launched around a decade ago, it transformed the way we relate to our mobiles and catalysed a significant shift in workplace culture. Nowadays, employees feel increasingly compelled to check their Facebook accounts, personal email, Instagram, Twitter and the list goes on.

What is your organisation’s policy on staff usage of personal mobile devices?

Corporate cultures have adapted to accept and even encourage smartphone usage in the workplace. A study on this topic suggests that “using Smartphones in the workplace can be valuable in three ways: promoting autonomy, strengthening relationships with peers as well as superiors, and improving knowledge-sharing.”1

In the Health and Disability sectors, however, staff usage of personal mobile devices during working hours may be problematic. In most hospitals, for example, visitors are encouraged to turn off their mobile phones “so they do not interfere with the operation of medical equipment or disturb others”2 yet hospital staff are noticeably checking their mobile phones at work.

Even though many health-related apps are intended specifically for use by health care professionals, a study assessing smartphone usage in healthcare settings found that distractions caused by smartphones have been associated with an increase in procedural failures and clinical errors, as well as a perception of unprofessional behaviours and worsening of professional relationships.3

In industries where client-centred care and customer service values are paramount, how should managers address this issue?

Here are 3 steps to addressing mobile phones in the workplace:

1. Clarify your organisational values and workplace boundaries. What are your client-care standards and expectations? What factors contribute to a secure environment for both clients and staff?

2. Create a new smartphone usage policy, or update your existing policy. Should staff only be allowed to access their mobile phones in designated areas at designated break times? What are the exceptions? What are the consequences of non-compliance?

3. Communicate your updated policies and consequences clearly and respectfully with your staff. Take the opportunity to instil organisational values and address any questions or concerns that employees may have.

It is important to continuously review your workplace practices to ensure that you are keeping up with cultural or legislative change. At WorkPlacePLUS, we specialise in change management, independent workplace investigations and HR support for the Health and Disability sectors. If you need assistance addressing mobile phone usage in your workplace, or if you would like to discuss other performance management issues, please contact me for a free, no-obligation chat on 0419 533 434 or email anna.pannuzzo@workplaceplus.com.au.

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia and all of its members.

1. Pitichat, Thiraput (2013) "Smartphones in the workplace: Changing organizational behavior, transforming the future," LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University: Vol. 3: Iss. 1, Article 13. Available at: http://scholarship.claremont.edu/lux/vol3/iss1/13

2. https://www.alfredhealth.org.au/patients-families-friends/before-you-arrive/facilities-services-at-sandringham-hospital and http://www.monashhealth.org/page/Can_I_use_my_mobile_phone_whilst_staying_or_visiting_Southern_Health

3. Gill, P. S., Kamath, A., & Gill, T. S. (2012). “Distraction: an assessment of smartphone usage in health care work settings.” Risk Management and Healthcare Policy, 5, 105–114. Available at: http://doi.org/10.2147/RMHP.S34813

Under Workplace Health & Safety (“WHS”) business owners, including directors, can be held personally responsible for health and safety in their workplace.

For example, Victoria's anti-bullying legislation, known as Brodie's Law, commenced in June 2011 and made serious bullying a crime punishable by up to 10 years in jail. Brodie's Law was introduced after the tragic suicide of a young woman, Brodie Panlock, who was subjected to relentless bullying in her workplace. Her employer and several of its staff were fined under the existing occupational health and safety laws. Brodie’s employer pleaded guilty and was fined $220,000. The company’s owner and three co-workers also pleaded guilty and were fined between $10,000 and $45,000 each.

Did you know that 'Bullying and Harassment' falls under Workplace Health & Safety legislation?

Bullying and Harassment not only comes under the WHS legislation, but as of 1 January 2014, a worker who reasonably believes that he or she has been bullied at work can apply to the Fair Work Commission for an order to stop the bullying.

WHS in each state has its own authority that polices and enforces the WHS legislation. In principle they are about creating a safe work environments. There are two ways of viewing compliance with these WHS regulations: either as a stick, which results from being prosecuted and fined if you do not comply, or as a carrot, where the employer is proactive and communicates with workers, which in turn supports their success and can be a way of retaining staff and maximise productivity.

As a business owner/manager/director, you have responsibilities in regard to health and safety in the workplace. You need to ensure that the business doesn't create health and safety problems for your employees, customers or the public.

A worker can be a direct employee on full-time, part-time or casual. This can extend to:

Apprentices, or anyone with an employer undertaking manual labour, clerical work or otherwiseAnyone who is deemed to be working under a contract of serviceVolunteersA school pupil doing work experience

These policies and procedures should provide for the following objectives:

To meet your compliance requirements, the employers should takes all reasonably practicable steps to ensure there are WHS policies and procedures in places and that workers have access and are training on these policies.The provision and maintenance of a safe work environment.The provision and maintenance of safe systems of work including safe plant and structures.The safe use, handling and storage of plant, structures and substances.The provision of appropriate information, training, instruction or supervision of all workers to perform their role safely.The identification of any hazards and associated risks at workplaces.The prompt implementation of risk control strategies to eliminate risks.Active participation in raising and resolving WHS issues.

WHS risks apply to small business with two workers as was well as large organisations with thousands of workers. The risks can pose physical dangers or emotional distress to workers.

The following example outlines the potential risks that may be faced by a small suburban health clinic, and potential mitigating actions:

The above-mentioned risks are not comprehensive and should only be used as an example of potential WHS risks that workers can be exposed to. Each employer will have different circumstances and the risks will vary. This highlights the importance of the employer consulting with the workers in matters relating to WHS and also consults with appropriate advisors to ensure risk minimisation.

Like all other WHS risks employers need to ensure that they have adequate policies and procedures in place and all staff have been trained and understand the consequences of noncompliance.

Don’t wait for an issue to escalate, we encourage employers to participate in open and honest consultations with staff the work place. As the person/s responsible, be prepared to not only share, but to listen.

WorkPlacePLUS provides integrated human resource services to the Health & Disability, Aged Care and Not For Profit sectors. Our team of experts can assist you to develop or review your HR policies & procedures, and facilitate customised training programs. Our Respect and Responsibility module goes beyond the usual bullying and harassment session to focus on promoting organisational values, positive team work and communication, while gaining an understanding of appropriate workplace conduct, relevant legislation and organisational policies.

WorkPlacePLUS also provides conflict resolution services and independent workplace investigations, for when serious issues arise. This can assist with demonstrating that you as the employer have taken all reasonable and practicable steps to identify and mitigate risks within the workplace.

For more information please contact us today.

Do you have a NDIS Readiness project plan for your Human Resource strategy?

NDIS is rolling out throughout the country, with a full ramp up from 1st July, 2016 for some geographical areas.

The Board and the CEO are ultimately responsible for the overall operations of the organisation including preparing for NDIS. As a consequence, your organisation’s strategic planning process would have identified Human Resources as a key risk especially if you are operating under outdated industrial instruments.

Here’s what we also know:

The funding model from NDIS is based on salary costs for face-to face support aligned to level 2 of the Social, Community, Home Care and Disability Services (SCHADS) Award 2010. Aspects such as public holiday funding, staff absences are not factored into the NDIS funding model.Many service providers still have in existence EA’s that to expired in 2008 or 2009, but in the absence of a new enterprise agreement being struck, these existing agreements still apply. Some of the old agreements provide far greater pay rates and leave entitlements, such as 6 week’s annual leave, 15 days personal and carers leave and more beneficial long service leave by comparison to the SCHADS Award.The old agreements also offer some flexibility in terms of setting shifts and breaks between shifts not seen in the SCHADS Awards.Some of your competitors are already ahead of the game in regards to reviewing staff costs and preparation for NDIS, and are working towards striking a new EA, or can apply SCHADS.Fair Work Commission has commenced a review of the SCHADS Award, with submissions from all parties made, and “reply submissions” due this month. A full bench hearing is scheduled for later in the year.

From our discussions with a representative within the NDIS, we have been advised that they have the view that organisations should not wait for an outcome of the review of the modern award at FairWork but work towards NDIS readiness by managing the people and organisation changes needed as part of their planning of sustainable changes in the industry.

From our conversations with Disability providers, there seems to be a delay in ramping up NDIS readiness, particularly in relation to the industrial frameworks that apply to them.

Are you waiting to find out what the changes might be after the review of the modern award is finalised?

For some organisations facing NDIS transition this year, it will be too late. So we ask: Do you have a NDIS Readiness project plan for your Human Resource strategy? For example:

Review and implement organisational structural changes where required to ensure it will support competitivenessDevelop strategies and identify what your workforce plan should look like when NDIS hits. Will you have the right resources in place, at the right time, at the right cost?Develop resource plans that take into account short term pressure to grow staff numbers to respond to growth in demand for services while consider long term resource and staff costing requirements. This may include re-negotiating a new E A to ensure you maintain and strengthen your key competitive advantage in a sustainable way. Review existing awards and existing industrial instruments to identify where there are commitments to costs not covered by the funding model put out by NDIS. Gain an in-depth understanding of people costs involved in the delivery of existing services. Develop a pricing model and cost base that is sustainable against the funding model from NDIS.

Do not wait to get your financially modelling totally complete before you commence you work force planning, the two processes should be run concurrently.

Should require support or want to discuss any of these issues please, don’t hesitate to contact us today.

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia.

As a new year begins, so too does the reflection on the year that we just had. I have taken the opportunity to reflect on 2015. I am calling it the year of the ‘Courageous Conversation’.

In 2015 many of our clients acknowledged the power of an honest and brave conversation, and engaged myself and WorkPlacePLUS to do a positive proactive training program on empowering not only managers, but all employees in an organisation to speak their truth in the workplace and further develop their communication strategies. The response from participants was remarkable, with teams feeling motivated and supported to acknowledge areas for improvement and development and recognising that communicating honestly could lead to more trusting and productive work relationships.

Other clients through resolving workplace disputes and grievances recognised the need for more courageous conversations and implemented some individual coaching for people managers. Other through the development of new performance management systems also shared the year of ‘the courageous conversation’ by embedding ongoing, honest and meaningful discussion between managers, colleagues and teams in every day operations, not just in a performance appraisal. This fresh new look at performance management empowers people to address issues as they occur, support and encourage teams to excel each day rather than bury your head in the sand until your outlook calendar reminds you to book in that notorious performance appraisal!

What is a courageous conversation? This is a conversation which you initiate to discuss often the issues that you avoid, the ‘undiscussable’. They will often take the most courage and require you to speak candidly and listen openly, and are often the ones which make the biggest impact. They have the capacity to create a pathway to building the relationships, influence and outcomes you want in every area of your life.

As a workplace investigator, I have witnessed many grievances and issues between employees that could have been avoided if the parties were honest about the behaviour or issues that were occurring, as they were due to miscommunication.

A courageous conversation will often result in individuals becoming more confident to communicate openly, and gaining insights into workplace relationships and their own behaviour.

Don’t wait for an issue to escalate, I encourage you to invite employees within your organisation to participate in open and honest discussions, and be prepared to not only share, but to listen. These conversations may initially be hard, but practice makes progress and this will support you to developing and maintaining a high performing and committed workforce.

WorkPlacePLUS can support your current Human Resource function utilising our experienced HR consultants who are independent to the organisation and can assist in changing the culture through our proven programs or work through performance management issues and in extreme cases conduct independent workplace investigations in those highly sensitive areas.

For more information please contact Anna Pannuzzo on 0419 533 434 or email anna.pannuzzo@workplaceplus.com.au

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia and all of its members.

Like nature, organisational landscapes are always shifting and changing

One thing is certain, change is the new norm. For example, change in technology, community attitudes, change in competition, change in legislation etc. Individuals and organisations need to either adapt or become irrelevant.

The roll out of the National Disability Insurance Scheme (NDIS) is the biggest social change Australia has experienced in recent history. By the time the NDIS is fully rolled out nationally it is expected that the national disability funding will climb from $7 billion to $22 Billion with the number of people receiving disability support growing from 222,000 to 460,000.

The NDIS will create a new environment where people with disabilities (“participants”) will be in the driver’s seat rather than a passenger. They will have the capability to request and received tailor made support in order to achieve their goals and live a more inclusive life within their communities. It is anticipate that the participants will requests more services over extended periods and therefore it is predicted to double the workforce requirements.

The rollout of the National Disability Insurance Scheme is gaining momentum and trials have commenced in selected areas throughout Australia.

As a services provider, your strategic plan would have highlighted that your experienced and skilled human resources are a key strategic strength for the organisation that cannot easily be replicated by competitors. There is no doubt that competition from new entrants will increase.

It is expected that participants would prefer consistency in their support, especially with carers that they have built a long term relationship with. Therefore, it is in the best interest of the organisation to retain and engage their good employees especially as their skills will be more in demand. Not to mention staff turnover can be expensive when you include recruitment, training, experience etc.

More than ever organisations will need to be creative, innovative and responsive to ensure they remain competitive and relevant. They also need to ensure that their staff are engaged and working towards to same strategic goal.

Organisations will need to navigate a complex set of industrial arrangements to deliver responsive and flexible services. All this will have to be done while dealing with financial constraints regarding pay rates awards and hours of work.

As part of the NDIS readiness, organisations need to review their strategic plans to develop and implement human resource plans that support the achievement of the organisational long term strategy. This includes a need to better understand the culture and its employees through the use of tools such as cultural surveys, training & skills analysis, developing resource plans that take into account short term pressure to grow staff numbers to respond to growth in demand for services while consider long term resource requirements which may include updating Enterprise Agreements to ensure they maintain and strengthens their key competitive advantage in a sustainable way.

WorkPlacePLUS specialises in the not for profit sector and can assist you with the development, tailoring and implementation of strategic HR plans, new enterprise agreements that strengths and supports your organisation being an employer of choice.

WorkPlacePlus can also support with strategic planning, governance, risk management, modelling of the national costing & pricing framework for the NDIS, etc.

For more information please contact us today.

WorkPlacePLUS is the “Preferred Human Resource and Employee Relations Provider” for Speech Pathology Australia.