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  • Investigation Case Study: Sexual harassment dismissal was botched by “cutting corners”

    Important Reminder: Claims of sexual harassment in the workplace require a thorough, independent and fair investigation.   Case Study (FWC Case 2062) :  An employer who rushed an investigation process last year due to the upcoming Easter holiday and an impending organisational change was penalised and criticised by the Fair Work Commission (FWC) for “cutting corners”.   The employee was dismissed in March 2024 following complaints by two other employees regarding inappropriate comments including sexually suggestive remarks and offensive language. The FWC found that the incidents constituted sexual harassment, regardless of the employee's claim that he was merely joking.   Despite confirming the misconduct, the FWC ruled the dismissal unfair because the investigation lacked procedural fairness. Key issues identified included: no efforts to contact a potential independent witness superficial questioning poor interview formats (e.g. telephone interviews for serious allegations) inadequate time taken for the entire investigation and dismissal process the investigator sending a draft to the employer before finalisation the investigation not being genuinely independent   Outcome: The FWC found that the employee’s dismissal for sexual harassment was procedurally unfair due to a rushed and flawed investigation process, despite there being a valid reason for termination. The employee guilty of sexual harassment was awarded financial compensation.   Key Consideration for Employers : Procedural fairness is essential in workplace investigations. Even where misconduct is proven, dismissals may be ruled unfair if the workplace investigation is not thorough and impartial.   How WorkPlacePLUS can help: WorkPlacePLUS has a team of qualified workplace investigators with extensive experience investigating workplace conflict, complaints and serious allegations. We ensure that fair process and best practice standards are followed with the utmost sensitivity and professionalism for all involved.   For more information or to book an independent workplace investigation, please contact us today.

  • Facilitated discussions: Prevent costly disputes

    In all organisations, workplace relationships are critical for the delivery of strategic plans and goals. Unfortunately, when tensions arise, whether between co-workers, teams, or leadership, this can quickly escalate into workplace conflict.   Unresolved conflict not only damages morale and team cohesion, it can also lead to burnout, resignations, and breaches of workplace safety and discrimination laws.   💡 Mediation and facilitated discussions are powerful, proactive tools that can de-escalate conflict, repair damaged working relationships, and prevent costly legal disputes.   Workplace mediation and facilitated discussions   are structured, confidential conversations that offer a safe space for employees to explore the root causes of workplace tension, engage in open dialogue, and work collaboratively toward resolution.   The benefits of mediation and facilitated discussions in the workplace include:   ➤  Risk Mitigation & Legal Compliance : In Australia, mediation and facilitated discussions are recognised and encouraged by the courts as effective means of resolving workplace disputes. Early intervention helps employers meet their positive duty obligations under Respect At Work  and WHS laws.   ➤  Cost Savings : Mediation and facilitated discussions can be cost-effective alternatives to formal legal proceedings. And by addressing signs of workplace conflict early , mediation and facilitated discussion can help minimise disruptions.   ➤  Improved Workplace Culture : Mediation and facilitated discussions   help bridge communication gaps by encouraging open dialogue, active listening, trust and problem solving - vital for team cohesion and retention in high-pressure sectors.   ➤  Employee Empowerment : Mediation and facilitated discussions give employees a voice in the resolution process. Participation is completely voluntary, with the mediator or facilitator acting as a neutral third party who supports the employees to reach an agreement.   ➤  Confidential and Efficient : Mediation and facilitated discussions   are private, structured, and adaptable to each unique workplace, saving time and protecting people’s privacy.   If you notice signs of tension or fractured communication in your organisation, don’t wait for it to become a formal complaint or legal issue. Early, well-managed mediation and facilitated discussions can prevent costly fallout and help restore workplace harmony.   How WorkPlacePLUS can help:    The team of HR professionals at WorkPlacePLUS have extensive experience facilitating mediation and facilitated discussions in the workplace, and they’re certified to perform court-mandated mediation under the National Mediation Accreditation System.  For more information, please contact us today.

  • Fostering a mentally healthy workplace with EAP

    Employees can sometimes struggle to cope with work-related stressors and/or personal concerns. In today's rapidly changing world, mental health issues in the workplace are also becoming increasingly complex. Providing emotional and psychological support to employees during times of stress or crisis is critical for individual employees’ wellbeing and ensuring the managing of a business-as-usual approach. Employers also have a legal duty to ensure that the working environment does not harm employee mental health or worsen an existing condition. If an employee shows signs of stress or not coping, it's important to intervene early and r emind them about the available support resources, such as an employee assistance program . What is an Employee Assistance Program (EAP)? An EAP is employer-funded support service delivered by an independent provider, which allows your staff to access confidential support for issues that may be affecting their mental health and impacting their attitude, performance or wellbeing at work. An EAP may be a component of your workplace wellness program . How WorkPlacePLUS Can Help WorkPlacePLUS offers a holistic, fully integrated EAP incorporating mental, emotional and physical health education and counselling, designed to confidentially assist your employees with a range of issues in a variety of ways. EAPs delivered by WorkPlacePLUS provide confidential, solutions-focused support to employees experiencing work or personal issues. For example: Organisational change / redundancy Workplace conflict / critical work incidents Managing difficult behaviours (work or home) Natural disasters / disease / trauma Relationship / LGBTQIA+ / family issues Addictions (e.g. drug, alcohol, gambling) Grief / loss / bereavement + more Regardless of whether mental stress is related to work or personal issues, an EAP can provide the critical support that employees may need to proactively address their mental stress before it escalates. An EAP can also support senior managers and business owners, who are under immense strain.   EAPs delivered by WorkPlacePLUS are positioned to deliver innovative, best practice and proactive solutions. Our service delivery model takes into account the four areas of wellness: Psychological Health Physical Health Lifestyle Working Environment For more information, or to activate our EAP program for your workforce, please contact us today.

  • Are your contact officers competent in their roles?

    Employee health and safety can be impacted by a range of potential workplace stress factors, such as high workload poor environmental conditions poor workplace relationships exposure to violence, bullying or harassment and others In addition to implementing control measures such as workplace policies, risk assessments and training, it is best practice for employers to offer their staff a variety of support resources, such as an employee assistance program ( EAP ) and a peer support worker or contact officer . What is a contact officer? Contact officers are people within a workplace who, in addition to their normal job, provide employees with confidential information, options and resources in relation to a workplace issue. Contact officers are a useful resource as they provide employees with immediate access to a confidential, in-house source of information and support. For some employees, it is important to have someone neutral at work to confide in. What is the role of a contact officer? Contact officers are often the first port of call for staff experiencing bullying, harassment, discrimination or family and domestic violence (FDV). The contact officer’s role is NOT to give advice but rather to listen, know the relevant workplace policies and legislation, help the employee understand their options, and know when to escalate an issue to a senior manager or external service. It is not only important that contact officers feel confident in how to safety and confidentially support their peers, but also that they stay current with employment-based legislation and organisational policies that affect the scope and parameters of their role. How WorkPlacePLUS Can Help WorkPlacePLUS provides a number of professional development programs to ensure that contact officers or staff acting in peer support positions have the required skills, knowledge and confidence to fulfil the function of their roles. FDV CONTACT OFFICER TRAINING equips your contact officers with an understanding of how to identify and respond to signs of FDV in the workplace, and how to establish appropriate support. Included in this training program is a review of the relevant legal considerations and workplace protocols, and research-based guidance and strategies from the Victorian Government’s MARAM Framework. EEO, BULLYING & HARASSMENT CONTACT OFFICER TRAINING empowers your contact offers to appropriately respond to disclosures of bullying, harassment, discrimination and victimisation. Suitable for employers, HR managers, leadership teams, contact officers, WHS representatives, and employees stepping into peer support or supervisory roles. CONTACT OFFICER REFRESHER TRAINING provides participants with a current overview of the issues of bullying, harassment, discrimination and family and domestic violence (FDV) in the workplace. Included in this training program is a review of the relevant legal considerations and workplace protocols, and a range of research-based guidance and strategies. As a foundation for new peer support workers and suitable for all staff, RESPECT & RESPONSIBILITY IN THE WORKPLACE is tailored to go beyond the usual bullying, harassment and discrimination session by promoting your organisational values, effective communication and a positive workplace culture, while providing an understanding of relevant legislation and organisational policies. For more information, please contact us today. ► Discover more training programs >

  • Deals without documentation: What can go wrong?

    Why is HR documentation important? Lack of formal HR documentation exposes organisations to risks such as ⚠️ misunderstandings ⚠️ psychosocial hazards ⚠️ disputes, claims and penalties   Robust human resources (HR) documentation is crucial to support effective business operations and to mitigate of a range of people and workplace risks. Such documentation and protocols include employment contracts, position descriptions, policies, procedures, checklists, recordkeeping and more.   For example:   Employment Agreements:  Like any contract, employment agreements are protect the organisation when things are not working out and there issues. A valid, well-drafted written agreement creates certainty for both parties, formalises the terms of the relationship and reduces the risk of costly disputes by detailing each parties obligations.   Position Descriptions (PDs): Accurate, up-to-date PDs support the performance appraisal process and provide clarity on the expectations for both parties. Lack of role clarity is recognised as a psychosocial hazard that can cause psychological harm to employees and managers. Accurate PDs are also an essential when classifying employees under an award and therefore mitigating the risk of underpaying staff. The penalties for underpaying staff have never been higher.   Workplace Policies & Procedures: Workplace policies and procedures set consistent guidelines and expectations for workplace behaviour, performance standards, managing issues, and compliance with laws and regulations. Lack of formalised policies and procedures exposes employers and their workers to a myriad of risks associated with inefficiency, inappropriate conduct, safety hazards, security breaches and unlawful work practices. It's important to prepare robust, compliant, written HR protocols that are tailored to your own circumstances. It’s also important to review your HR protocols regularly to ensure compliance with workplace laws and regulations.   For assistance or more information, please contact us  today.

  • Recruiting rockstars and retaining top talent | This Working Life, ABC RN

    In the "Lisa's Little Tips" segment of This Working Life on ABC RN , Lisa Leong asked Anna Pannuzzo why we need rockstars in the office. In short, we do not need ego-inflated demigods in the office. We do need strong candidates with great attitudes who fit the culture of the organisation. But how do we retain high-performing employees?... Listen to the podcast here, which contains practical tips on hiring, onboarding, managing performance and retaining top talent > Hiring for attitude is one of the keys to successful recruitment and retention of top talent. Skills can always be developed, whereas a bad attitude towards tasks, clients, the employer or other staff can cause conflict and a toxic workplace. Another key when it comes to talent retention is awesome leadership and culture. There is a saying that “people don’t leave bad jobs, they leave bad bosses.” There are variations on this, such as “they leave bad managers” or “they leave toxic workplace cultures.” The sentiment is the same. Very rarely do top performers stay in a job just for the money. High-performing employees tend to be loyal to great leaders and awesome workplace cultures. They want their views heard and respected, their achievements acknowledged, and their leaders to be emotionally intelligent with strong communication skills. For more information, training and support, please contact us today. TO ACCESS MORE INTERVIEWS & PODCASTS, VISIT OUR MEDIA PAGE >

  • Wage theft and underpayment

    Compliance Alert: There have been changes to the Fair Work Act as part of the new Closing Loopholes laws.  Effective 1 January 2025, intentional underpayment of wages is a criminal offence in all jurisdictions of Australia. The financial penalties for criminal underpayment are severe and can include up to 10 years in prison. Small businesses (less than 15 employees) are protected from criminal prosecution if they follow the Voluntary Small Business Wage Compliance Code guidelines. What You Can Do Underpayments often happen because of a mistake or payroll error. This short article explains how to fix an underpayment: Overpayment and underpayment of wages   > To manage your payroll compliance, it’s important to: Review your payroll transactions and award classifications regularly. Review your HR protocols and train your HR and payroll teams whenever employment laws change. Follow the Fair Work Ombudsman’s guide to paying employees correctly, including the Voluntary Small Business Wage Compliance Code.   How WorkPlacePLUS Can Help Employees must be paid at least their minimum pay rates and entitlements. To support you in this area, WorkPlacePLUS offers: ✓   Payroll compliance reviews ✓   PD and classification reviews ✓   Comprehensive SCHADS Know Your Award training ✓   Customised Know Your EBA training Managing your payroll compliance doesn’t have to be an annoyance to tackle on your own. WorkPlacePLUS is here to support you with tailored payroll compliance solutions. For more information, please contact us  today. -- Victorian News On 1 July 2021, it became a crime for an employer in Victoria to: deliberately underpay employees dishonestly withhold wages, superannuation or other employee entitlements falsify employee entitlement records to gain a financial advantage avoid keeping employee entitlement records to gain a financial advantage These crimes are punishable by a fine of up to $218,088 or up to 10 years’ jail for individuals and a fine of up to $1,090,440 for companies. The offences apply to employers and to ‘officers’ of that employer. Which roles are considered ‘officers’ depends on the entity type of the employer, but it generally applies to roles that have significant decision-making responsibilities within a business, such as: directors office holders partners people who may make substantial business decisions on behalf of the employer Wage theft offences involve deliberate and dishonest conduct. Honest mistakes made by employers who exercise due diligence in paying wages and entitlements are not considered wage theft. Employers must provide their employees with at least the minimum pay and conditions outlined in the relevant award, workplace agreement, contract of employment or legislation and keep employee entitlement records. Victoria’s wage theft laws don’t impose new record-keeping obligations on employers. Various pieces of legislation already require employers to keep employee entitlement records, including about allowances, annual leave and long service leave. The wage theft laws make it a crime to deliberately falsify these records or fail to keep them to gain a financial advantage or prevent the exposure of a financial advantage. Download the Wage theft - employer fact sheet > If you have underpaid an employee, you should fix this as soon as possible. For more information or tailored assistance, please contact us today.

  • Free Download: 2025 SCHADS Pay Guide

    There have been some changes to pay rates in the Social, Community, Home Care and Disability Services Industry ( SCHADS) Award [MA000100] . The changes apply from the first full pay period on or after 1 October 2025. Download the current 2025 SCHADS Pay Guide > Register in a SCHADS Know Your Award training session > Discover our payroll compliance solutions > Get in touch with WorkPlacePLUS >

  • Programs for leaders + teams

    Providing your leaders and teams with regular training is key to their effectiveness in adapting to change, resolving issues, mitigating risk, improving performance, and fostering your work culture. Training and development can also be seen as an organisational benefit which may assist with attracting and retaining staff. WorkPlacePLUS provides professional training programs designed to educate your team with research-based insights, best practice strategies, real-world case studies, and the latest legislative updates. Examples of training and development programs offered by WorkPlacePLUS: SCHADS: Know Your Award Respect & Responsibility in the Workplace ​ Mentally Healthy Workplace Training Performance Management Training Unconscious Bias in the Workplace ​ Practical Leadership & Professional Development Family & Domestic Violence (FDV) Contact Officer Training EEO, Bullying & Harassment Contact Officer Training Communication Mastery & Conflict Management Allied Health HR Training: Contracts & Wages Refresher Trainings Learn more > Why choose WorkPlacePLUS? ✓ We offer tailored learning outcomes and flexible delivery options. We take the time to understand your unique goals and requirements. ✓   Our interactive, face-to-face facilitation strengthens engagement and allows practical examples to be explored during the training, and participant questions can be answered in real time. ✓ We ensure our programs contain the most current employment legislation and regulatory compliance information. Plus, we incorporate your organisation's relevant workplace policies. ✓ We equip participants with the tools, knowledge and confidence to succeed in their roles. ✓ Our programs combine ethical, best practice strategies with direct, expert feedback from our facilitators. ✓ Our facilitators are professional HR consultants. ✓   The team at WorkPlacePLUS has extensive experience delivering training and development programs to businesses and organisations around Australia, from private practices and SMEs to multi-site hospitals, community organisations, government services, and First Nations organisations and teams. For more information or to book your program, please contact us today.

  • Workplace romance - what are the real risks?

    Office romances - what employers need to know 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. Risks, red flags and tips for employers 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. 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. Social Media & Out-of-Work Conduct In today’s hyper-connected world, personal relationships can quickly become public via social media. Images, posts, or viral moments shared online can expose private interactions and raise reputational or ethical concerns for employers. Employers may need to assess whether external behaviour impacts the workplace or breaches workplace policies, particularly when it involves senior staff or power imbalances. 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. Read Respect and responsibility in the workplace > Transparency, Conflict of Interest and Culture of Trust When workplace relationships and transparency aren’t managed properly, the fallout can be damaging not just for individuals but for the organisation’s reputation. Two recent high-profile examples include the ColdplayGate scandal oversears and the Super Retail sacking in Australia. Transparency fosters a culture of trust and leaders set the tone. If staff feel issues will be swept under the rug, culture deteriorates quickly. It 's importnant to have clear policies on declaring personal relationships to avoid perceptions of bias or unfair advantage. Whistleblower Protection It's important for employers to ensure safe reporting channels and non-retaliation. Terminating or punishing whistleblowers is not only unethical but exposes organisations to serious legal and reputational risks. Investigations & Fairness Complaints must be handled with procedural fairness, neutrality, and consistency. Learn more about our workplace investigations > How WorkPlacePLUS can help WorkPlacePLUS supports employers with a range of professional services including: Policy Development – Helping businesses craft clear guidelines on workplace conduct, disclosures, and reporting mechanisms. Training Leaders – Equipping managers to respond appropriately when concerns are raised. Independent Investigations – Offering impartial, compliant investigations into workplace complaints. Culture & Compliance Audits – Identifying gaps before they become public scandals. For tailored support and best practice HR advice you can trust, please contact us today.

  • Download the latest Aged Care Pay Guide

    What is the Aged Care Award pay guide? The Aged Care Award Pay Guide contains the minimum pay rates for full-time, part-time and casual employees in the Aged Care Award [MA000018]. Why is it important to refer to the newest pay guide? Pay rates change from 1 July each year and the Fair Work Commission may make further changes to pay rates throughout the year. To avoid unlawful underpayment, always refer to the newest pay guide. When do changes to pay rates in the Aged Care Award apply? There have been some changes to pay rates in the Aged Care Award [MA000018] . The changes apply from the first full pay period on or after 1 October 2025. Download the current 2025 Aged Care Pay Guide > Discover our payroll compliance solutions > Get in touch with WorkPlacePLUS >

  • 5 management tips for promoting a mentally healthy workplace

    1 in 5 Australians are affected by mental illness, and workplace stress is now widely recognised as a major workplace health and safety risk factor. Under various employment-based legislation, employers have a positive duty to manage the risk of psychosocial hazards and ensure that the working environment does not cause psychological or physical injury or worsen an existing condition. Psychosocial hazards are anything in the design or management of work that can affect an employee's mental health. Employers and managers play a crucial role in promoting a mentally healthy workplace and shedding some light on mental health issues that may be affecting colleagues at work. 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. Conduct a Mentally Healthy Workplace Review – 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. 2. Educate and have tools ready – Review your organisation's mentally healthy workplace policy , learn about the signs and symptoms of work related stress and mental illness, provide training to your managers, and remind staff about the available support resources, such as an employee assistance program or contact officer . Explore Tools for workplace wellness > 3. 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; then act promptly and kindly to see if that person needs any support. 4. 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. 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. 5. Lead by example and keep the conversation alive – 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. Reduce stigma and create a culture of support by discussing workplace wellbeing regularly, in meetings, newsletters and policy reviews . 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. I f you or someone you know is in need of immediate assistance, call Lifeline on 13 11 14 . Do you have the proper skills and resources to foster the culture of your organisation? WorkPlacePLUS provides integrated human resource services, including tools for workplace wellness to help you foster a mentally healthy workplace. For more information, please contact us today.

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