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  • Tools for workplace wellness

    Over the past five years, we’ve seen a surge in claims of work-related stress. More than ever, it is important for employers to support employee wellbeing and promote a healthy workplace culture. WorkPlacePLUS offers practical tools and strategies to enhance your existing workplace wellness program or customise a new one. Choose from our range of flexible options: Employee Assistance Program (EAP) – Our independent EAP supports senior managers, business owners and employees through confidential counselling and education, delivered conveniently via telehealth and teleconferencing. "Wellbeing Day" Onsite Chats – As a component of your workplace wellbeing program, our lead EAP consultant can attend your workplace for a day, to facilitate 1:1 informal "RUOK?" discussions with your staff. Mental Health Policy – Comply with workplace health and safety laws and provide clear guidance to managers and staff by developing a workplace mental health policy, which will include your strategy for prevention, intervention and recovery. Mentally Healthy Workplace Reviews – Take a WHS risk management approach to ensuring your workplace is equipped to manage the risk of psychosocial hazards in the workplace, including but not limited to bullying, discrimination, workplace sexual harassment and victimisation. Staff Wellbeing Survey – Assess the needs of your employees with a confidential survey, facilitated independently by WorkPlacePLUS. This is a good first step in determining which wellbeing tools are best suited to your specific workplace. Facilitated Group Discussions – Communication is key to workplace wellbeing. Stay connected, reduce stigma and build a culture of peer-support by discussing mental health in a safe setting. Our facilitators are experienced in mediation and counselling. Reflective Practice Program – 1:1 solution-focused coaching, professional development and workplace improvement, designed to build employees' emotional intelligence, confidence and resilience. Mentally Healthy Workplace Training – Empower your leaders and supervisors to mitigate psychosocial hazards and promote a mentally healthy workplace. Included are discussions on managing psychological safety in the workplace, legislative requirements, prevention, intervention, response, support and continuous improvement. Introduction to Mentally Healthy Workplaces Mentally Healthy Workplaces: Psychosocial Risk Management Training Mentally Healthy Workplaces: HR Management Training Free Download – Download our free Psychosocial Hazard Prevention Checklist to navigate your psychological WHS obligations. It includes practical steps to prevent harm and foster a mentally healthy workplace. Flexible Working Arrangements, Workplace Adjustments & Health Leave – WorkPlacePLUS can advise you on providing leave or adjusting an employee’s role, workload or roster to help them meet certain mental, physical or personal needs. Reward & Recognition – Celebrating and valuing your staff for their efforts is a proven strategy for boosting positivity and helping to protect your team from burnout. WorkPlacePLUS can assist with succession planning and developing a recognition program that fits your business model. Routine Health Checks – Health screening can save lives by assisting in the prevention and early detection of health issues such as heart disease and diabetes. WorkPlacePLUS can coordinate onsite health checks for your employees. Workplace wellness programs provide important benefits to both your staff and your business, from improved health and performance outcomes to decreased absenteeism and claims. For more information, please contact us today.

  • Contractor or employee?

    The Closing Loopholes reforms have redefined how employers must assess whether a worker is an employee or an independent contractor.   From 27 February 2024, changes to the Fair Work Act 2009   mean that employers can no longer rely on the wording of a contract alone. Instead, greater emphasis is placed on the real substance, practical reality and true nature  of the working relationship.   What has changed under the Closing Loopholes laws?   The Fair Work Legislation Amendment (Closing Loopholes) Act 2023   introduced significant changes, including: changes to the definition of employment a new framework for determining whether a worker is an employee or contractor new rights for certain independent contractors to challenge unfair contract terms increased scrutiny and enforcement of sham contracting   The label in your contract is no longer decisive. What matters is how the relationship operates in practice.   The new definition of “employment”   A new definition has been inserted into the Fair Work Act 2009   to clarify the meaning of “employee” and “employer”.   Under this definition, whether a person is an employee depends on the totality of the relationship, including how the arrangement is performed in practice—not just what is written in the contract.   This means the law looks at factors such as: the level of control over how work is performed whether the worker is integrated into the business how they are paid and managed whether they operate an independent business , Even a well-drafted independent contractor agreement will not protect you if, in reality, the worker is treated like an employee.   This is why it’s critical to ensure your agreements are properly structured.   Why this matters for employers   It’s important to regularly review your employer–worker–contractor arrangements to ensure you are meeting your legal obligations.   Regardless of what the written contract might say, if in practice the relationship looks and operates as one of employment, it will be treated as an employment relationship.   This has direct implications for: minimum entitlements under the National Employment Standards (NES) modern award coverage and classification superannuation and taxation obligations leave entitlements and workplace protections   A handshake deal or undocumented arrangement significantly increases the risk of misclassification and disputes.   Read Deals without documentation: What can go wrong?  > Sham contracting risks and penalties   If you incorrectly classify an employee as an independent contractor, you risk breaching the sham contracting provisions under the Fair Work Act 2009 .   Penalties can be significant. The maximum penalties for each contravention are: ·        $19,800 for individuals ·        $99,000 for businesses with fewer than 15 employees ·        for businesses with 15 or more employees, the greater of $495,000 or three times the underpayment amount   You may also face additional consequences for breaching taxation and superannuation obligations.   Misclassification is not just a paperwork issue, it can trigger underpayment claims, regulatory action, and significant financial penalties.   Increased enforcement focus   Regulators including the Fair Work Ombudsman (FWO) and the Australian Taxation Office (ATO) have increased their focus on sham contracting.   This reflects a broader shift toward proactive compliance and enforcement across Australian workplaces.   Authorities are no longer waiting for complaints. Employers are expected to proactively review and correct non-compliant arrangements.   What should employers do now?   Reviewing your contractor arrangements should be a regular part of your HR and compliance processes.   As a starting point, you should: review all independent contractor engagements assess how the relationship operates in practice check alignment with the Fair Work Act and relevant obligations update agreements where required   You can try to determine if your worker is really an independent contractor using information provided on the Fair Work Ombudsman website .   Alternatively, you can seek professional support from an experienced workplace relations specialist . The bottom line   The distinction between contractor and employee has always been important, but under the Closing Loopholes reforms, the risks of getting it wrong are higher than ever. A written contract alone is not enough. What matters is the true nature of the working relationship in practice.   If your arrangements haven’t been reviewed recently, now is the time to act.   How WorkPlacePLUS can help   The experienced  team at WorkPlacePLUS offers comprehensive Independent Contractor Agreement (ICA) Assessments to help you ensure you’re meeting your employer obligations.   We offer practical, tailored advice to help you reduce risk, maintain compliance, and ensure your workforce arrangements are fit for purpose.   Book your ICA Assessment   For more information or to book your Independent Contractor Agreement Assessment, please contact WorkPlacePLUS today on (03) 9492 0958.   Read Employment contracts: 10 keys to getting them right > If you’re just setting up your business or practice, our Essential SME HR Toolkit  can help you start on the right foot >   FAQ: Contractor vs employee   What is the difference between a contractor and an employee in Australia? The difference depends on the real substance, practical reality and true nature of the relationship, not just the written contract. Under the Fair Work Act 2009 , courts assess the totality of the relationship, including control, integration, and how the work is performed.   What is sham contracting? Sham contracting occurs when an employer incorrectly treats a worker as an independent contractor instead of an employee, often to avoid paying entitlements such as leave, superannuation, and minimum wages.   Can a contract say someone is a contractor if they are really an employee? No. Even if a contract labels someone as an independent contractor, they may legally be an employee if the working relationship operates like employment in practice.   What are the penalties for sham contracting? Penalties can be significant. For each contravention, penalties can reach: $19,800 for individuals $99,000 for small businesses up to $495,000 or three times the underpayment amount for larger businesses Additional penalties may apply for breaches of taxation and superannuation laws.   How often should contractor arrangements be reviewed? Contractor arrangements should be reviewed regularly, particularly when: roles or working arrangements change new legislation is introduced contracts are more than 1–2 years old Regular reviews help ensure ongoing compliance and reduce legal risk.   For more information, please contact us  today.

  • Employment contracts: 10 keys to getting them right (Australia)

    Employers must take care to prepare compliant, enforceable employment contracts that are tailored to their business, workforce, and applicable laws. An employment contract is a legally binding agreement between an employer and employee that sets out the terms and conditions of employment. While contracts can be verbal, relying on unwritten agreements significantly increases the risk of misunderstandings, disputes, and non-compliance with the Fair Work Act 2009 . Like any contract, employment contracts are usually only rolled out when there are disputes or things are not working out. A employment contract should assist in resolving employment questions and issues. A well-drafted written contract creates clarity, manages expectations, and protects your business when issues arise, particularly during disputes, performance management, or termination. Why employment contracts matter more than ever Workplace laws in Australia are evolving rapidly. Reforms such as the Closing Loopholes legislation, increased enforcement by the Fair Work Ombudsman, and the introduction of Payday Super (from July 2026) mean outdated contracts can quickly become non-compliant. If your employment contracts haven’t been reviewed in the past two years, there is a strong likelihood they are already out of date. Outdated contracts may be partially or entirely unenforceable, exposing your business to underpayment claims, penalties, and reputational damage. What makes a compliant employment contract? A compliant employment contract must align with the National Employment Standards (NES), any applicable modern award or enterprise agreement, and other legal obligations such as taxation and superannuation laws. It must also reflect the true nature of the employment relationship, not just what is written on paper. 10 keys to getting employment contracts right 1. Ensure legal compliance from the outset Your contract must meet minimum entitlements under the Fair Work Act 2009 , including the NES, modern awards, and applicable legislation.   2. Clearly define the employment type Specify whether the employee is casual, part-time, or full-time. Misclassification can lead to underpayment and leave entitlement breaches.   3. Set out duties and role expectations Include a clear position description, reporting lines, duties, and work expectations. Poor role clarity is recognised as a psychosocial hazard under work health and safety laws and can contribute to workplace stress, conflict, and performance issues.   4. Detail working hours and arrangements Specify hours of work, flexibility, hybrid arrangements, location, and rostering expectations.   5. Get remuneration right (and compliant) Outline wages or salary, including whether it is award-based or an annualised salary arrangement. Include superannuation obligations in line with the Superannuation Guarantee (Administration) Act 1992 .   6. Include leave entitlements Cover annual leave, personal/carer’s leave, long service leave, and any additional entitlements in line with the NES and relevant state legislation.   7. Capture allowances and benefits Document any benefits such as vehicles, allowances, bonuses, or professional development support.   8. Include compliance and qualification requirements Specify requirements such as registrations, licences, Working With Children Checks, police checks, vaccinations, and ongoing professional development.   9. Protect your business with enforceable clauses Include confidentiality, intellectual property, and (where reasonable) restraint of trade clauses such as non-compete and non-solicitation provisions.   10. Include termination and review provisions Clearly outline notice periods, termination processes, and redundancy provisions. An employment contract is most relied upon when the relationship breaks down. If it is unclear or outdated, it may fail when you need it most.   Don’t forget: contractor vs employee risk Employment contracts are only part of the picture. You should also regularly review any independent contractor agreements. Recent changes under the Fair Work Legislation Amendment (Closing Loopholes) Act 2023  mean that whether someone is an employee or contractor depends on the real substance, practical reality, and true nature of the relationship. Even if a contract labels someone as an “independent contractor”, they may legally be an employee if the working relationship operates like employment in practice. Read: Contractor or employee?  >   Avoid copy-paste contracts Using generic or recycled contracts is a common cause of compliance breaches. Every role, award, and workforce structure is different. Read 3 reasons you shouldn’t copy-paste employment contracts  >   Get your contracts right (and keep them current) A tailored, up-to-date employment contract is one of your most important risk management tools. It supports compliance, protects your business, and provides clarity for your employees. If your contracts haven’t been reviewed in the past two years, now is the time to act. Explore our Policies, Agreements & Documentation services > WorkPlacePLUS supports employers across Australia to draft, review, and update employment contracts and contractor agreements to ensure they are legally compliant, practical, and aligned with current laws. For support or more information, contact WorkPlacePLUS today.

  • 3 reasons you shouldn’t copy-paste employment contracts

    Hiring a new employee can be exciting! But before you reach for an old or generic employment contract, pause and consider the risks to your business or health practice.   Employment contracts are not a “one size fits all” document. In fact, using another employee’s contract without tailoring it to your new recruit can expose your business to compliance breaches under the Fair Work Act 2009 (Cth) , modern awards, and recent workplace law reforms.   In 2026, the risks are higher than ever. With increased enforcement, criminal wage theft laws in some jurisdictions, and upcoming changes like Payday Super, even small contract errors can have serious consequences.   Here’s why:   1. Every role is different   Your new team member may have a different role, type of engagement, or working arrangement. A generic contract often misses these nuances.   That could mean: Incorrect duties or classification Misaligned hours or overtime expectations Unclear flexibility or hybrid arrangements Missing or inconsistent probation and termination clauses   Low role clarity is also a recognised psychosocial hazard under work health and safety laws. Poorly defined roles can contribute to stress, conflict, and performance issues, putting both your staff and your business at risk.   Clear, tailored contracts are not just a legal document, they are a risk management tool that supports performance, wellbeing, and compliance from day one.   2. Award Classifications Matter   Modern awards set minimum standards for pay, hours, allowances, penalties, and entitlements. If your contract doesn’t align with the correct award and classification, you could be underpaying staff - even unintentionally.   For example, many health and community sector employers must comply with awards such as: Health Professionals and Support Services Award (HPSS) SCHADS Award ATSI Health Award Nurses Award Aged Care Award Clerks Award   Getting classifications wrong can lead to: Underpayment claims and backpay liabilities Civil penalties under the Fair Work Act 2009   Reputational damage In serious cases, exposure to criminal wage theft laws (depending on the state)   A contract that doesn’t correctly reflect the applicable award and classification is one of the most common causes of systemic underpayment, and one of the easiest to avoid with proper drafting by an experienced HR professional.   3. Laws Change (and so should your contracts)   Workplace laws are subject to reforms This means, workplace laws are evolving rapidly and contracts need to keep up.   Recent and upcoming changes include: The “Closing Loopholes” reforms, which introduced stronger protections for workers and increased compliance expectations for employers Stricter limits on fixed-term contracts, now restricting when and how they can be used under the Fair Work Act 2009   Increased scrutiny and enforcement activity from the Fair Work Ombudsman The introduction of Payday Super (from July 2026), requiring superannuation to be paid at the same time as wages   Learn more about recent changes to workplace laws  >   If your contracts haven’t been reviewed in the past 1–2 years, they may already be outdated - or worse, non-compliant.   An outdated employment contract can be partially or entirely unenforceable, leaving your business exposed at the exact moment you need protection most (e.g. disputes, termination, or underpayment claims).   What to do when you need an employment contract   A tailored employment contract protects both your business and your employee. It ensures compliance with the Fair Work Act 2009 , applicable modern awards, and current reforms, while setting clear, practical expectations for the employment relationship.   It also gives you confidence that: Your pay and conditions are compliant Your clauses are enforceable Your business is protected   WorkPlacePLUS specialises in customising employment contracts for private practices, small businesses, medium enterprises, health services and community organisations.   Contact us and we’ll make sure your documents are legally compliant, practical, and aligned with your specific workforce, awards, and risk profile.   Ready to grow your team the right way?   Learn about the Essential SME HR Toolkit  >   Learn about our Policies, Agreements & Documentation  services  >   For support or more information, contact WorkPlacePLUS  today.

  • Changes to the Health Services Award - New Pay Guide Available Now

    What is the HPSS Award pay guide? The Health Professionals and Support Services Award (Health Services Award) Pay Guide contains the minimum pay rates for full-time, part-time and casual employees in the Health Professionals and Support Services Award [MA000027]. Why is it important to refer to the newest pay guide? Pay rates change from 1 July each year and sometimes the Fair Work Commission makes further changes to pay rates throughout the year. To avoid unlawful underpayment, always refer to the newest pay guide. What's changed in the Health Services Award? The Fair Work Commission announced changes to the Health Professionals and Support Services Award (Health Services Award) as part of its Gender-based undervaluation – priority awards review. A new classification structure operates from 1 April 2026. As part of the changes, there are pay increases for certain workers covered by the award. The first increase to minimum pay rates applies from the first full pay period starting on or after 1 April 2026. Employees receiving a minimum pay rate on 31 March 2026 that is higher than the new pay rates will continue to receive their higher rate. Some employees will receive another increase from 1 January 2027. When do changes to pay rates in the HPSS Award apply? There have been some changes to pay rates in the Health Professionals and Support Services Award [MA000027] . The changes apply from the first full pay period on or after 1 April 2026. Download the current HPSS Pay Guide > Discover our payroll compliance solutions > Get in touch with WorkPlacePLUS >

  • “But we already have an HR department…” Five reasons to engage an independent workplace investigator

    Allegations of bullying, harassment, discrimination or victimisation cannot be ignored. Employers face increasing scrutiny under workplace laws, psychosocial safety requirements and duty of care obligations.   Yet many organisations underestimate the complexity, expertise and risks involved in workplace investigations. Common pitfalls include: Lack of neutrality or procedural fairness Breaches of confidentiality Unintended psychological harm Increased legal exposure   Five reasons to engage an independent workplace investigator: Expertise and resources : Many HR professionals are not formally trained in conducting investigations. An independent workplace investigator brings specialist knowledge in investigative processes, legislation and compliance. Efficiency : Investigations are urgent. An independent investigator can focus solely on the matter, ensuring it is resolved promptly and thoroughly without disrupting your important day-to-day operations. Risk management : Workplace investigations carry significant legal, financial and reputational risk. A poorly handled investigation can lead to back pay, compensation claims, penalties and litigation. An independent investigator minimises these risks by following best-practice procedures, ensuring compliance with employment legislation and Work Health & Safety laws, and providing clear, evidence-based reporting. Objectivity : Internal investigations can be compromised by perceived or actual conflicts of interest, particularly if the matter involves senior staff, managers, or colleagues known to the HR team. An independent workplace investigator brings impartiality, applying natural justice and procedural fairness without bias. This transparency not only strengthens the integrity of the process but also increases employee confidence in the outcome and reduces the likelihood of subsequent claims of unfair treatment. Serious allegations and third-party requirements : Complex complaints, potential litigation or insurer/union involvement often require an independent investigator to meet legal and procedural expectations.   Why choose WorkPlacePLUS?   WorkPlacePLUS provides professional, confidential, and unbiased workplace investigations tailored to your organisation’s needs. Our methodology includes: Initial scoping and risk assessment Fact-finding and evidence gathering Review of policies, procedures and documentation Comprehensive, evidence-based reporting Post-investigation debrief and advice   Our senior HR consultants have extensive experience conducting workplace investigations in healthcare, community services, not-for-profits and public sector organisations.   Legal privilege available.   Serious complaints in your workplace? To discuss the next steps, book a free, confidential consultation with WorkPlacePLUS  today.

  • Fair Work ruling clarifies legal professional privilege for workplace investigations

    Why engaging a lawyer no longer guarantees confidentiality A 2025 decision of the Fair Work Commission (FWC) confirmed that legal professional privilege depends on the purpose of a workplace investigation, not who conducts it. Simply appointing a law firm does not make an investigation report confidential. What is legal professional privilege? Legal professional privilege (also known as client legal privilege) protects confidential communications between lawyers and clients from mandatory disclosure in court. Privilege applies where documents are created for the dominant purpose of obtaining legal advice or preparing for litigation. It exists so organisations can speak openly with lawyers. However, it only applies where legal advice, not HR decision-making, is the main reason the document exists. What’s changed? In the past, the main reason an employer might engage an external law firm to conduct workplace investigations was for the legal privilege. The assumption was that employers could withhold workplace investigation reports prepared by lawyers. A recent decision by the Fair Work Commission has challenged that assumption and changed the way legal privilege operates. Now simply appointing a legal firm does not guarantee that the investigation report is protected by legal privilege. The Commission looks closely at the real-world purpose of the investigation. If the report helps an employer decide what happened and what action to take, it is unlikely to be privileged, even if lawyers wrote it. About the case In James Crafti v Cohealth Ltd [2025] FWC 3285, the Commission examined whether an investigation conducted by external lawyers was protected by privilege. The employer argued the report should remain confidential because lawyers prepared it. The Commission disagreed. It found that the investigation’s dominant purpose was to determine workplace facts and inform disciplinary decisions, not to provide legal advice. As a result, the report was not protected by privilege and could be relied upon in the proceedings. What this means for employers A fair, independent and well-structured investigation remains the strongest protection for employers. For many years, organisations assumed engaging a law firm provided a safe way to keep investigation findings confidential. The Crafti decision reinforces that this assumption is risky. When assessing privilege, the Commission will examine: why the investigator was engaged how the report was used whether it informed disciplinary decisions whether it was shared operationally If a report functions as an HR management tool, privilege may not apply. This has important implications for employers managing workplace conflict or misconduct matters. Employers need to be clear about how and why an investigation is being conducted, and how the findings may ultimately be used. If the primary purpose is fact-finding or meeting internal policy obligations, rather than obtaining legal advice, legal privilege may not apply. In most unfair dismissal and general protections matters, tribunals focus on whether the investigation was fair, unbiased and evidence-based, not whether the report was confidential. A strong process is usually a better risk control than relying on privilege. The dominant purpose test in practice Privilege is more likely to apply where: lawyers are engaged specifically to provide legal advice the report is created for that advice the findings are not used as the main disciplinary decision document Privilege is less likely where: the investigation fulfils policy obligations the findings guide internal management decisions the report is shared with multiple stakeholders the employer relies on the findings to justify termination This is why many lawyer-led investigations still end up being disclosable. When an independent investigator may be the better option Employers often benefit from an external investigator rather than a law firm where: independence is critical to credibility the matter involves senior staff procedural fairness will be scrutinised unions or regulators may review the process the organisation needs a defensible factual report In these situations, the key protection is a robust investigation, not privilege. When engaging lawyers may still be appropriate A lawyer-led investigation can be useful where: litigation is already underway legal advice must be integrated into findings statutory interpretation is complex regulatory exposure is high Even then, the Crafti decision shows privilege cannot be assumed. What’s a cost-effective solution for investigating workplace issues? Engaging a law firm to investigate workplace issues can be extremely costly, particularly where legal privilege is uncertain. WorkPlacePLUS conducts independent workplace investigations using evidence based principles. The final WorkPlacePLUS investigation reports are developed to a high standard and can be used for external parties such as the courts, WorkCover authorities and unions if and when required. Our accredited workplace investigators are also experienced HR professionals who understand employer obligations, risk management and procedural fairness. For support managing workplace conflict, please contact WorkPlacePLUS today.

  • Workplace Cultural Reviews

    Culture counts in your workplace A tense or toxic workplace culture puts your organisation and people at risk and often results in: costly mistakes low productivity high staff turnover complaints and grievances health and safety incidents compliance notices from the Fair Work Ombudsman or your industry regulator Attending to the workplace culture should be an integral part of every organisation’s risk management plan, and the board should be regularly updated on all key risks so that they can fulfil their directors’ responsibilities. Are you soliciting feedback from your employees? Workplace cultural reviews are a great tool for measuring staff engagement and assessing an organisation’s cultural climate. The review process allows senior management and the board to proactively identify and mitigate any potential red flags or highlight any common themes that may need to be addressed. Regular cultural reviews can be the catalyst for constructive workplace change and the advancement of workplace relationships, staff engagement, productivity, safety, and performance. WorkPlacePLUS has a qualified team of consultants with extensive experience facilitating cultural reviews and providing organisations an objective perspective of the team culture. There are several ways to conduct a cultural review. WorkPlacePLUS offers a range of delivery options: Online surveys - A practical way to canvas a large group of employees. The subject matter of the review is tailored to your needs. For example, some clients may want to broadly gauge staff engagement, whereas others may want to solicit feedback on specific matters, such as the introduction of new systems or processes. Stay interviews - Confidential 1:1 discussions designed to understand what motivates your employees to come to work each day, how they are supported in performing their roles, and how you can continue to retain them as valued members of the team. Exit interviews - Confidential 1:1 discussions with a staff member who is exiting the organisation, designed to encourage feedback on their experience working in your organisation and their reasons for leaving. It is also their opportunity to raise any organisational issues which contributed to them making the move. Consultations for workplace change – Employee surveys and interviews can be used to facilitate the consultation process of your change management strategy by soliciting feedback on specific workplace matters or projects. Hybrid formats – We can conduct your review using a combination of online survey and 1:1 interview. Each carefully controlled cultural review delivered by WorkPlacePLUS allows employees to provide crucial feedback in a safe and confidential setting, helping to uncover any trends, hotspots or feedback which may need to be considered. WorkPlacePLUS can then support the board and leadership team to identify and implement opportunities for improvement resulting from the cultural review. Employers can also consider a Psychological Safety Review  - This is a formal, consultative WHS risk management approach to assessing your workplace culture, based on current employment legislation and best practice WHS strategies. For more information, please contact us today.

  • Investigating complaints with staff working from home

    Serious workplace issues such as bullying and harassment, misconduct or discrimination should always take urgent priority for a manager. During the pandemic, many most staff were required to work remotely, these serious workplace issues still occurred. With a growing number of employees working from home, employers and HR managers have the additional challenge of taking both their onsite and remote workforce into consideration. Remember that workplace investigations must adhere to natural justice principles, confidentiality, rules of evidence, 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. There are some predictable challenges of remote workplace investigations that are reasonably straightforward to address, such as planning ahead to ensure your own privacy and mitigate technical issues with videoconferencing, electronic signatures, transferring files, etc. Other challenges of remote workplace investigations can be more complicated. For example: 🔎 How will you ensure that the interviewee is in a private setting without unauthorised people or recording devices? 🔎 How will you ensure the confidentiality of sensitive documentation? 🔎 How will you obtain and maintain detailed records? 🔎 How will you gather and safeguard physical evidence? 🔎 How will you assess and monitor the remote workplace culture? Read Conflict in the age of Zoom > In general, managing staff remotely requires clearer and more explicit communication of expectations and feedback, and more regular check-ins to ensure staff are coping at home. When it comes to addressing serious issues or complaints, managers who are already stretched to their limits may need to seek support from an experienced and independent workplace investigator. WorkPlacePLUS conducts workplace investigations of the highest standard via video conferencing technology. We can support you to meet your employer obligations under various legislation such as Fair Work Act and Work, Health & Safety, while you continue to focus on your business. Our experienced HR consultants are trained private investigators. For more information, please contact us today.

  • 10 tips for supporting men’s health in the workplace

    Cardiovascular diseases, mental illness, suicide, cancer, back pain and diabetes are some of the top diseases and health burdens affecting men in Australia, according to the Health of Australian Males report by the AIHW. Men who wait too long to address health issues are at further risk of developing severe health complications. Employers can support the health and wellbeing of their staff by promoting a healthy workplace culture and offering routine health assessments. Routine health checks also help to reduce absenteeism and support an aging workforce. 10 tips for supporting men’s health in the workplace: Review your Workplace Health & Safety protocols Offer routine employee health checks Provide educational resources and training programs Promote physical activity to counteract sedentary behaviour at work Encourage employees to take proper breaks and get some fresh air and movement Provide healthy snacks e.g. fruit Offer wellness days or health leave so employees can manage their own health needs Offer an Employee Assistance Program Provide additional support to your aging workforce Offer health checks to employees who are exiting the business Read Tools for workplace wellness > Workplace stress in particular is now widely recognised as a major workplace health and safety risk factor. Leaders and managers play a central role in mitigating the risks of workplace stress and promoting a healthy workplace. Read 5 management tips for promoting a mentally healthy workplace > WorkPlacePLUS offers a number of support services to help you promote a healthy workplace. For more information, please contact us today.

  • What’s your policy on social media conduct?

    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 relationships, and people can lose their jobs. It is no longer unusual to see media reports of cases where employees are dismissed or forced to resign because of comments or images they posted on their personal social media accounts. Employees typically risk getting into trouble when they post offensive, inappropriate or defamatory comments post controversial or extreme opinions or images tell work they are sick then post photos of their big night out Does your workplace have a social media policy? Employers who take a strict stance on social media conduct may find themselves facing a legal dispute if they don’t have the proper policies and contractual clauses in place. By now, every employer should have an up-to-date social media policy. Review your social media policy regularly, to make sure it stays relevant to today’s online culture, which is perpetually and rapidly evolving. Social media and workplace discrimination Social media posts can be against the law if they harass, bully, racially vilify or discriminate against someone. 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 In the case of Little v Credit Corp Group Limited t/as Credit Corp Group [2013] FWC 9642, Mr. Little used his personal Facebook account to criticise a professional associate of his employer, and to make sexual comments about a new employee. This was a breach of the employer’s policy on appropriate social media conduct. Mr. Little was aware of and had received training about the policy. The termination of Mr. Little’s employment for misuse of social media in breach of the policy was held to be valid. 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 organisational values and avoiding reputational damage. Read Respect & responsibility in the workplace > How do you know whether or not a serious breach has occurred? If you receive a verbal or written workplace grievance, complaint or allegation regarding an employee’s social media conduct, you are obliged to investigate the issue to find out what happened and determine whether a breach has occurred. Read How to spot bullying in your workplace > 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 Workplace, 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. Read Respect and responsibility in the workplace > For more information, please contact us today.

  • Investigating worker-client issues

    How do you resolve stakeholder complaints? Complaints, allegations, incidents, or disputes involving an employee and a service-user, stakeholder or client require a prompt response by the organisation. An independent workplace investigation is a formal fact-finding process that must be conducted professionally from interview stage through to the final report. Types of w orker-client issues requiring a formal investigation may include: ➤ Crossing professional boundaries e.g., becoming too personally involved, personally over-disclosing, overuse of touch ➤ Harassment e.g., sexual harassment, violence, abuse, threats, intimidation, gaslighting ➤ Misconduct or neglect e.g., breaking code of conduct, failing duty of care ➤ Breaching privacy or confidentiality e.g., mishandling of client information, a suspected data breach involving a client's sensitive information ➤ Breach of safety or record keeping protocols causing risk or harm ➤ Historical conflict between the organisation and the stakeholder or family member. WorkPlacePLUS takes a respectful, communication-centred approach to investigating worker-client issues. By getting to the heart of the matter, we can identify and recommended the next steps forward towards resolution. WorkPlacePLUS has a qualified team of HR consultants and private investigators with extensive experience investigating workplace conflict and complaints nationally. We always follow procedural fairness and best practice standards with the utmost sensitivity and professionalism. For more information, please contact us today.

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