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Update 20/03/24: The Australian Government has made further changes to casual employment under the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 that may affect the information in the original article below. Key changes effective 26 August 2024: The existing definition of ‘casual employee’ in the Fair Work Act will be replaced with a new one. The new definition says that an employee is a casual only if: there isn’t a firm advance commitment to continuing and indefinite work, factoring in the real substance, practical reality and true nature of the employment relationship the employee is entitled to be paid a casual loading or a specific pay rate for casuals. A new pathway will replace the existing rules for eligible employees to change to permanent employment if they want to. There will be new rules against: dismissing or threatening to dismiss workers to engage them as a casual making certain misrepresentations in relation to casual employment. -- Update 26/03/21: On Friday 26 March 2021, the Fair Work Act 2009 (FW Act) was amended to change workplace rights and obligations for casual employees. The changes were made by the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Amendment Act). ► View/download the Fair Work Ombudsman's media release > ► View/download the Casual Employment Information Statement > -- Many employers have a number of employees who fulfil different roles within their organisation, from full time permanent to part time and casual employees. Often, employees may commence with an organisation as casual, with unpredictable, seasonal or fluctuating hours depending on the needs of the business and the employee. However, as time goes on, some casual employees do in fact have regular hours of work, despite their casual employment. In a recent decision (WorkPac v Rossato) the Federal Court of Australia confirmed that labelling an employment contract as “casual” doesn’t automatically make them a casual employee. The key take away from the decision is that a casual employee is someone whose work is inconsistent, irregular or short term. Casual employees whose work doesn’t fit that description can now make a claim that they are or have been a permanent employee and are therefore owed the appropriate entitlements. This recent decision confirms that employers cannot rely on paying casual loading to avoid or set off a liability to pay entitlements. It is important for employers review all their casual employee arrangements, especially those 'long term casuals', as this will impact on your obligations according to the Fair Work Act 2010. A long term casual is an employee who, over a calendar period of at least 12 months, has worked a pattern of hours on an ongoing basis and could perform the same work as a permanent employee without a significant adjustment being required. The employee remains a casual employee unless their employment relationship changes with the employer, so that there is a mutual commitment to provide ongoing work on an agreed pattern of hours. The casual employee continues to get their casual loading regardless of how regularly they work or how long they work. There are significant risks to organisations who retain long term casual employees, particularly if the employee can be deemed to work regularly and systemically, with a predictable work schedule – such employees are increasingly likely to be determined permanent employees with entitlements to paid leave. The risk will be increased where the employee has not been appropriately managed or has not received clear communication regarding their option to transfer to permanent employment status. We recently had a client whose casual employee made a retrospective claim for permanent employment entitlements, due to the implied nature of their long term casual work patterns. How can you avoid this? If your casual employees have been working with your business in a regular, ongoing pattern of work, then the first step is to have a discussion with them about their employment status. If both parties agree to transfer the employment status to permanent, a new permanent employment agreement will need to be issued. From the date that this document is signed, the employee will no longer be a casual but be a permanent employee and receive the relevant entitlements. Often the employee will say, “thanks for the offer, but I want to stay casual, I want the casual loading, and I like the ability to decline shifts to suit my family needs.” In these cases, it is critical that you formally document the fact that you have provided the opportunity for an employee to transfer to permanent, and they have declined. This will serve as the employee’s reaffirmation of the casual arrangement and could provide a reference point for the employer, should the employee attempt in future to be retrospectively categorised as a permanent employee. However, this step on its own is unlikely to satisfy the court that a casual employment relationship existed. An employee that opts to remain casual needs to be aware that by accepting the casual loading, they forego the opportunity to make a retrospective claim for permanent employment entitlements. To be seen to be compliant, employers should ensure that the roster includes a statement to casual employees that all working hours and shifts are subject to change and may be declined by the employee. This rostering arrangement is a good practice for reinforcing casual employment and maintaining a strong pool of resources and skills. As good practice, the rostering system should be set up to allow staff to bid for available rosters. The employers should confirm to casual employees that each shift is accepted in isolation from previous shifts. A suggestion is that employers should schedule a discussion with their long term casual employee every 12 months. At this meeting, the agreement for the employee to remain casual should be confirmed in writing. At any time after 12 months, a casual employee may request in writing to transfer to permanent. An employer’s grounds to refuse the request must be based on facts or reasonably foreseeable business reasons to not be able to transfer to permanent employment. Although, we generally think of casual employees as one staffing group, it is critical to delve further and identify your long term casuals. We encourage our clients to proactively approach casual staff to discuss their employment status, do not sit back and wait. This encourages positive engagement with your employees and reduces the risk of a costly retrospective claim. WorkPlacePLUS can help you meet your employer obligations and mitigate the risk of costly claims. For more information, please contact us today.

Following a steady flow of high-profile workplace sexual assault allegations reported in the media earlier this year, the Victorian government announced a new taskforce to develop reforms that will prevent and better respond to workplace sexual harassment. This will include a mandatory incident notification scheme requiring employers to report misconduct to authorities such as WorkSafe. In addition, based on recent amendments to the Fair Work Act 2009, an employee who reasonably believes they have been sexually harassed can now apply for the Fair Work Commission (FWC) to intervene by issuing a "stop sexual harassment" order. These new FWC powers, which commenced on 11 November 2021, are one of the outcomes of the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021. Employers nation-wide are already obligated under work, health and safety (WHS) laws to provide a safe working environment, which includes the prevention of workplace bullying and harassment. Both Victoria's proposed mandatory incident notification scheme and the new nation-wide changes from the Respect at Work Act are turning up the heat on employers to do the right thing and respond appropriately to complaints of workplace misconduct. Regardless of your state or jurisdiction, or the size or sector of your workplace, these are the three key areas that every employer needs to proactively manage: 1. WHS policies and procedures. This includes knowing how to implement and enforce your bullying & harassment policy, your code of conduct and ethics, your mental health strategy, your complaints & grievances policy, your performance management policy, your conflict resolution process, and your disciplinary process. Providing regular training sessions to all employees, including the senior leadership level, is an important factor in ensuring that everyone understands the rules and expectations in your workplace. 2. Procedural fairness. This is the ethical, best practice way of handling workplace conflict. It is not enough to pay lip service to your “zero tolerance” policy. Employers need to take complaints seriously, respond in a timely manner, conduct a fair and confidential workplace investigation, follow a communication plan to discuss the matter, give the parties involved plenty of notice and time to prepare and respond, offer the parties the option to bring a support person, and provide a timeframe for any decisions or further action. Hiring an independent workplace investigator may the most suitable option for some employers. 3. Risk and workplace culture. It is important that employers dig deeper to uncover the underlying issues that are causing incidents of misconduct to occur. Risk management is a stepped process of identifying hazards, assessing risks, controlling those risks and then reviewing the efficacy of control measures over time or in response to an event. Regular cultural reviews allow employers, senior management and the board to proactively identify and mitigate any potential red flags or common themes that may need to be addressed. Read Tools for resolving workplace conflict > As discussions around workplace sexual harassment unfold in the media, and the consultation process for the proposed mandatory incident notification scheme is underway, employers are reminded to consider ways to take better care of your employees, including responding appropriately when issues or concerns arise. For more information, or to receive tailored advice, please contact us today.

Short answer: Absolutely. A “Code of Conduct” describes the expectations that an organisation has of their people, in both how they carry out their work and how they relate to each other. It is sometimes known as a “Code of Conduct & Ethics” or an “Appropriate Workplace Conduct” policy. Under Australian work, health and safety (WHS) laws, employers have a duty to proactively mitigate any physical or mental risk to health and safety in the workplace, such as workplace bullying, sexual harassment, violence or aggression. A code of conduct is an important component of an organisation’s WHS policy which reflects the organisation’s core values, helps shape the workplace culture, and supports the employer to meet their WHS obligations. It should include clear rules and guidance around respect and responsibility in the workplace, and information on the risks associated with inappropriate workplace conduct. "Workplace sexual harassment is prevalent and pervasive: it occurs in every industry, in every location and at every level, in Australian workplaces." - 2018 National Inquiry into Sexual Harassment in Australian Workplaces / Australian Human Rights Commission With news reports of workplace sexual harassment allegations now appearing regularly in the media, the need for every workplace to have a code of conduct has never been more pertinent. Regular refresher trainings and other opportunities to reinforce the code of conduct are equally important for ensuring that all managers and employees understand the organisational values, expectations and rules. Don’t presume that every member of your workforce knows, remembers or understands your code of conduct. In January 2021, Safe Work Australia issued new guidance materials on preventing workplace sexual harassment, violence, aggression and domestic violence. These guidance materials support employers to meet their WHS duties with practical steps to manage the risks of sexual, violence and aggression in the workplace, including gendered violence, as well as information on how to provide support and a safe environment for workers affected by domestic and family violence. Additionally, in March 2021, the Victorian Government announced a new taskforce to develop reforms that will prevent and better respond to workplace sexual harassment. This will include starting consultation on a mandatory incident notification scheme that would require employers to notify WorkSafe of workplace sexual harassment. It is encouraging to see the emergence of new WHS resources and initiatives to help employers meet their obligations in preventing and responding to workplace sexual harassment. Please be advised, however, that such resources and initiatives do not replace the need for every organisation to have a code of conduct that is tailored your unique workplace culture. Ultimately, it is the tailored code of conduct that allows employers to uphold and enforce the organisation’s standards around appropriate workplace conduct. WorkPlacePLUS can support you in a number of ways, for example: - Reviewing your workplace culture - Developing or reviewing your code of conduct - Developing or reviewing your suite of WHS policies - Facilitating training and development programs for your managers and teams - Providing a thorough independent workplace investigation of harassment allegations For more information, please contact us today.

WorkPlacePLUS is pleased to announce our partnership with National Disability Services (NDS). NDS is Australia's peak body for non-government disability service organisations, representing over 1100 non-government service providers. Collectively, NDS members operate several thousand services for Australians with all types of disability. NDS is the only organisation that represents the full spectrum of disability service providers across Australia. Members range in size from small support groups to large multi-service organisations. NDS provides members with a strong voice, enabling the sector to collectively initiate change, influence outcomes and deliver the funding needed to ensure the best possible quality of life for people with disability. We are very proud to partner with NDS to provide even more benefits to members. WorkPlacePLUS will be supporting NDS members and associates by providing practical Human Resources/Industrial Relations solutions, support and advice, and additional resources such as webinars and regular updates. Member benefits include: ► WorkPlacePLUS has an IR/HR advisory service where NDS members and associates can receive a free initial half-hour phone consultation. ► NDS members receive an additional $50 per hour discount off the already competitive standard WorkPlacePLUS consultancy rates. To access these benefits, NDS members will need to complete the professional advisory services online form, which will be forwarded to WorkPlacePLUS for a response within three business days. Read more > Member Webinar NDS recently hosted an introductory webinar about the new HR/IR advisory service and the types of support WorkPlacePLUS can offer. Learn more > This is a member-only resource available to management and staff of NDS Organisational Members and Associates. We look forward to working together with the members and staff at NDS! For more information, please contact us today. WorkPlacePLUS partners with health and community service associations to provide workplace relations advice and integrated HR services. View our partnerships >

Managing a remote workforce presents a range of leadership challenges and considerations. In the Summer edition of OTA's Connections Magazine, WorkPlacePLUS provides tips to assist healthcare managers in the following areas, which can be particularly challenging when staff members are working off-site or in people's homes: Monitoring Staff Performance Addressing Workplace Conflict Protecting Employee Mental Health The two common threads throughout our management tips for a remote workforce are the importance of knowing the organisational policies and processes, and the importance of regular, transparent, 1:1 communication between supervisors and staff. Even when, ideally, a remote employee demonstrates autonomy and confidence in their own abilities, their supervisor should remain consistent in following the organisational protocols and connecting regularly with each person on their team. Access the full article with management tips for staff working remotely in the Summer edition of OTA's Connections Magazine, via our Media page >

Please note: some of this content is time sensitive and may be subject to future updates and changes. Updated 27th January 2022 It is important for all employers and independent contractors to be aware of any workplace health and safety updates that may impact your business, workplace and employees. Here are several important WorkSafe reminders for employers, self-employed persons and independent contractors in Victoria: Infringement Notices Scheme From 31 July 2021, under the Occupational Health and Safety Amendment (Infringements and Miscellaneous Matters) Regulations 2021 (VIC), WorkSafe inspectors can issue on-the-spot fines of between $1,090.44 and $1,817.40 to bodies corporate, and of $363.48 to individuals. Offences include: ⚠️ working without required licences ⚠️ working without registration, qualifications, experience or supervision ⚠️ using equipment or substances that are not licensed or registered ⚠️ unsafely removing or storing asbestos ⚠️ failing to keep certain records Learn about the new Infringement Notices Scheme here: https://www.worksafe.vic.gov.au/infringement-notices-scheme Provisional payments for mental health workers’ compensation claims As of 1 July 2021, under the new Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021 workers and volunteers who suffer from a work-related mental injury can access provisional payments for early treatment and support while they await the outcome of their claim. Mental health workers’ compensation claims indicate that an employee has been exposed to one of a range of mental stressors that has caused an injury or disease. Common examples of such mental stressors include workplace bullying, sexual harassment, traumatic events or unreasonable work pressure. The new law requires employers and workers’ compensation agents to act faster if a worker or volunteer submits a mental injury claim. This may help improve recovery times and return to work outcomes for employees in Victoria who suffer from a work-related mental injury. Learn more about Victoria’s new provisional payments on the WorkSafe website: https://www.worksafe.vic.gov.au/victorias-new-provisional-payments-better-support-mental-injuries COVID-19 Reporting On on 28 July 2020 the Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020 extension of the Occupational Health and Safety (OHS) Act 2004, required employers to notify WorkSafe immediately when they become aware a worker has received a confirmed COVID-19 diagnosis. These regulations have now been removed. On 14 January 2022 the Occupational Health and Safety (COVID-19 Incident Notification) Revocation Regulations 2022 came into effect. Employers and self-employed persons are no longer required to notify WorkSafe if they become aware of a confirmed COVID-19 diagnosis attending the workplace. However, workplaces must continue to notify the Department of Health if five positive cases have attended the work premises within seven days. Employers in Victoria must still comply with their duty to mitigate the risk of physical and mental harm to their workers. This includes maintaining a COVIDSafe workplace and reporting notifiable incidents to WorkSafe, such as if an employee requires immediate in-patient care or dies as a result of contracting COVID-19 in the workplace. WorkCover Claims The Victorian Government has reported that About 70-80% of Victorian healthcare workers with COVID-19 caught it at work. On 25th August 2020, Victorian Premier Daniel Andrews made the following announcement: "My message to every healthcare worker [is] if you get coronavirus at work, put in a WorkCover claim straight away... It will be fast-tracked and we will get you the support you need." Before your employee submits a WorkCover claim, there are important steps you need to take. These include: 🔸 Reporting the illness to WorkSafe immediately on 13 23 60. 🔸 Sending a completed incident notification form to WorkSafe within 48 hours, and keeping a copy of the completed form in your records for five years. This applies to all incidents that take place at your workplace even if the affected person is not one of your workers. 🔸 Record the illness in your organisation's register of injuries - this should be done by the affected worker, or a support person on their behalf. ⚠️ The employer is responsible for submitting all the WorkCover claim documents. Employers must act fast. You have 10 calendar days to lodge the claim with your WorkSafe agent from the time you receive the worker's injury claim form from your worker. There can be penalties for failing to meet this timeframe. Your WorkSafe agent has 28 days to assess the claim and let you know the outcome. Step 1. Your worker must complete an injured worker’s claim form Step 2. You must complete the employer’s claim report Step 3. You may need to work with a Circumstance Investigator Learn more about WorkCover here: https://www.worksafe.vic.gov.au/getting-started-workcover-insurance [Update 2021: It is worth noting that a new national COVID-19 Vaccine Claims Scheme will provide access to compensation for claims related to the administration of an approved COVID-19 vaccine. As of 6 September 2021, Australians who suffer injury or loss of income due receiving the COVID-19 vaccine can register their intent to claim from the COVID-19 Vaccine Claims Scheme webpage.] Consultation Under OHS laws, employers who are making changes to the workplace to help slow the spread of COVID-19 must consult their workers. If there is a health and safety representative (HSR), they must be involved in the consultation. There are minimum requirements for complying with the employer duty to consult, including consulting on any of the following health and safety matters: 🔸 Identifying or assessing hazards or risks 🔸 Making decisions on how to control risks 🔸 Making decisions about the adequacy of facilities for employee welfare 🔸 Making decisions about procedures to: - resolve health and safety issues - consult with employees on health and safety - monitor employees’ health and workplace conditions - provide information and training 🔸 Determining the membership of any Health and Safety Committee (HSC) in the organisation 🔸 Proposing changes that may affect employees’ health or safety to any of the following: - the workplace - plant, substances or other things used in the workplace, or - the work performed at the workplace 🔸 Doing any other thing prescribed by OHS regulations While employers, HSRs and employees should aim to reach agreement as a result of consultation, agreement is not a required outcome of OHS Act. An employer is still ultimately responsible for making decisions about health and safety. Learn more about what you must do here: https://www.worksafe.vic.gov.au/consultation Workplace Manslaughter & Mental Hazards Workplace manslaughter is now a jailable offence. The Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019 is now in effect, commencing 1 July 2020. Employers that fail to meet health and safety obligations could face up to 25 years in prison for individuals or $16 million in fines for corporations should their negligence lead to a worker dying on the job. This includes suicides attributable to a workplace health and safety failure, such as a toxic culture of bullying, harassment and discrimination. Employers have a legal duty to address psychological risks and hazards in the workplace, such as: ⚠️ Bullying and harassment ⚠️ Discrimination ⚠️ Aggression ⚠️ Fatigue ⚠️ Work-related stress The new workplace manslaughter law sends a strong message that putting people's lives at risk in the workplace will not be tolerated. It does not create additional duties, just much tougher penalties on already existing duties under the OHS Act. Employers and duty-holders should always stop to think about the risks involved in the conduct of their business, and what steps can be taken to mitigate those risks. Learn more about Victoria’s new workplace manslaughter offences here: https://www.worksafe.vic.gov.au/victorias-new-workplace-manslaughter-offences During the COVID-19 pandemic, WorkPlacePLUS remains open for business. We are available to assist you with any workplace issues that you may be facing. For a confidential discussion about the specific needs of your organisation, please 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. Visit the ABC RN website here to read more about my discussion with Richard Aedy on “How to handle a grievance at work” and LISTEN NOW to the full radio interview > 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 comprehensive risk management including HR audits and reviews. We also offer 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. TO ACCESS MORE INTERVIEWS & PODCASTS, VISIT OUR MEDIA PAGE >

Under workplace health and safety regulations, an employer’s main responsibility is to make sure that the workplace is safe and does not expose employees to hazards or harm, which can include work-related risks to psychological health. Discover management tips to promote a mentally healthy workplace > SafeWork Australia recognises that mental health can be adversely affected by exposure to prolonged workplace stress-factors such as high job demand, low job demand, poor support, poor workplace relationships, low role clarity, poor organisational change management, poor organisational justice, poor environmental conditions, remote or isolated work, and violent or traumatic events. When stress is high and prolonged, it can lead to work-related psychological harm, such as to depression and anxiety. Work-related stress can manifest and be linked to: frequent unplanned absences including sick leave staff turnover withdrawal and presenteeism, and poor work and poor product quality. In this article, we have chosen to highlight four mental health hazards in the workplace, which reflect some of the common workplace issues that we come across: 1. Poor support Poor support means employees either don't receive, or perceive not to receive, adequate support from their leaders and colleagues. Support can be both emotional and practical. Poor support could look like: poor and/or irregular communications, including not providing clear work goals and organisational updates, not providing adequate information, training or induction to support their work performance, not providing access to additional support such as an Employee Assistance Program, not providing constructive feedback (for example, in performance reviews) so they can improve, not providing the tools and sufficient resources to perform the job. 2. Poorly managed organisational change This occurs when organisational change is poorly managed and communicated. Change can come in various forms such as changes in roles and responsibilities, organisational restructuring, the introduction of new technology or processes, etc. Poorly managed organisational change can be a result of: insufficient consideration of the potential impacts on employees of the change/s, lack of consultation before making a major decision, not providing employees sufficient support during change, lack of regular communication processes with employees, such as regular team meetings. (This can lead to rumours spreading because ‘official’ information isn’t reaching all employees.) 3. Poor organisational justice Poor organisational justice is when people are not treated fairly, or there is inconsistency or bias in the workplace. It’s important to be open about how decisions are made – if employees can’t see what’s happening, they can’t know whether or not people are being treated fairly. Poor organisational justice can look like: applying policies and procedures sometimes but not at other times, unfairness or bias in decisions about how resources, work tasks and shifts are allocated, not providing underperforming employees the support they need to improve, hiring or promoting people for reasons that aren't related to performance or experience, or not using valid selection and consistent recruitment methods. 4. Poor workplace relationships Unresolved conflict or strained relationships between co-workers or with managers lead to mental ill-health. Incivility is one of the biggest causes of problems in workplace relationships. Incivility is inappropriate behaviour such as rudeness, sarcasm and belittling or excluding people. This can be spoken or written. Problems in workplace relationships can mean: workplace bullying, aggression, harassment including sexual harassment, discrimination, or other unreasonable behaviour, poor relationships between employees and/or their supervisors, conflict between employees and/or their supervisors - this can become worse if supervisors are reluctant to act on inappropriate behaviour, employees are not given clear guidelines about how they are expected to behave, a workplace culture that does not discourage disrespectful behaviour. WorkPlacePLUS can support to address mental health hazards in your workplace, which may be caused by issues such as restructuring, bullying & harassment claims, conflict within teams, poor staff engagement, misconduct, leadership issues, staff complaints, toxic workplace cultures, natural disasters and states of emergency, and more. Discover our range of tools for workplace wellness > For more information, please contact us today.

The R U OK campaign encourages us to check in on people who may be struggling with life and help them 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. The significant challenges and difficult circumstances we have all faced over the past few years amplify the importance of staying connected and being as supportive as we can to the people in our lives. You don’t have to be an expert to keep the conversation going when someone says they’re not OK. By knowing what to say you can help someone feel supported and access appropriate help long before they’re in crisis, which can make a really positive difference to their life. 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 work 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 in the infographic below 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 tools for workplace wellness. For more information, please contact us today.

All states & territories require or encourage workplaces to have some form of a COVIDSafe Plan (or similar). A COVIDSafe Plan sets out: your actions to help prevent the introduction of COVID-19 in your workplace the type of personal protective equipment (PPE) required for your workforce how you will prepare for, and respond to, a suspected or confirmed case of COVID-19 in your workplace. Good practice COVIDSafe principles include: ensure physical distancing (1.5 metres) wear a fitted face mask that covers the nose and mouth practice good hygiene keep good records and act quickly if staff become unwell avoid interactions in close spaces create workforce bubbles. The rules around COVIDSafe workplaces continue to evolve. Public health directions differ between each state and territory and for different businesses or industries, so it is important you review the directions that apply to your workplace (scroll to the bottom of this article for links to the directions in your jurisdiction). Reminder: Each time COVIDSafe requirements change, employers should review their COVID plans and processes. All Australian organisations and employers who are responsible for a workplace must take action to meet your work health and safety duties and reduce the risk of COVID-19 transmission. For example: ▶︎ Have a COVIDSafe plan in place that is regularly updated ▶︎ Collect records of all workers, subcontractors, customers and clients attending the work premises ▶︎ One worker per four square metres of enclosed workspace or in shared areas ▶︎ Ensure that workers are in good health - workers cannot work if they are unwell and employers must not require workers with symptoms to work ▶︎ Regularly clean your facilities, shared spaces and provide additional cleaning supplies ▶︎ Undertake risk assessments for cleaning and the potential closure of your workplace in certain situations. Enforceable government directions can change, so we encourage you to regularly check the links below for more information: Fair Work Ombudsman COVID-19 vaccinations: legislation and public health orders Australian Capital Territory ACT Government - ACT Public health directions ACT Government - Business resource kit (go to COVID safety plan guidelines) New South Wales NSW Health - Public health orders NSW Government - COVID-19 Safety Plan Northern Territory Northern Territory Government - Chief Public Health Officer directions Northern Territory Government - COVID-19 Safety Plan checklist Queensland Queensland Health - Chief Health Officer public health directions Workplace Health and Safety Queensland - Work health and safety plan for COVID-19 Queensland Government - COVID Safe checklists and factsheets Business Queensland - Industry COVID Safe plans South Australia Government of South Australia - Emergency Declarations and Directions Government of South Australia - COVID-Safe plan form Tasmania Tasmanian Government - Coronavirus disease (COVID-19) Resources (under the heading 'Current Directions') WorkSafe Tasmania - COVID19 Safety plan templates and checklist Victoria Victorian Department of Health and Human Services - Restriction levels Business Victoria - COVID-19 industry guidelines Western Australia Western Australian Government - State of Emergency declarations Western Australian Government - Business tools and information If you need further assistance or information, please contact us today.

Even when there is no physical contact and staff are working remotely, there has been an increase in sexual harassment complaints. In early 2020, Sex Discrimination Commissioner, Kate Jenkins launched Respect@Work, the Australian Human Rights Commission's report of the National Inquiry into Sexual Harassment in Australian Workplaces 2020. It found 1-in-3 Australians have experienced sexual harassment in the workplace in the past five years. Now Ms. Jenkins says sexual harassment complaints are up about 8% since the COVID-19 pandemic hit Australia. "Certainly, since June, legal workplaces have reported to me that internally they're getting more reports — more people coming forward saying they've been sexually harassed," Ms Jenkins told the ABC's PM program… Ms Jenkins told [ABC] PM a rise in complaints during the coronavirus pandemic had exposed how serious the problem had become nationwide. "We know from our research that actually sexual harassment for many people is a daily experience at work and a very common experience," she explained. "In recent times we have begun to understand just the true prevalence beyond just the few complaints that are usually at the most serious end of sexual harassment. - Excerpt from ‘Workplace sexual harassment reports are rising during coronavirus — working from home may be a reason’ by David Taylor, ABC News Even when there is no physical contact and staff are working remotely, there has been an increase in sexual harassment complaints. Common complaints of workplace sexual harassment during COVID-19 pandemic include: 💬 Constantly being sent a barrage of private messages, using platforms such as Messenger, 💬 Being sent inappropriate images via private messaging, 💬 Being shamed or intimidated publicly on social media when sexual advances are rejected, 💬 Reposting private messages or images on social media, which in some cases could be classified as revenge porn, a serious criminal offence. Inaction on stamping out workplace sexual harassment poses significant risks to everyone involved, not to mention the fall out cost to the employer through lost productivity, increased staff turnover, investigating complaints, defending possible litigation, workers’ compensation claims, reputational damage and possible personal liability of directors and executives under Work, Health and Safety legislation. In a recent example, on the 26th August 2020, AMP was on the news for more allegations of sexual harassment. In a statement read out in Parliament, a junior female employee described consistent predatory sexual harassment by more than one male employee, including receiving explicit photos, groping and physical harassment. Read more > Ultimately, leadership is accountable for the workplace culture. Employers also have a legal obligation to control inappropriate behaviour in the workplace under various employment legislation. “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 Employers can implement a range of proactive measures to prevent workplace sexual harassment. This may include executives and managers being the role model of appropriate behaviours, educating staff, and providing access to a range of support. For example: ✅ Ensure that the workplace policies and procedures are up to date, including the code of conduct & ethics, complaints handling procedure and discipline processes, ✅ Provide regular training sessions, discussions and visual reminders on workplace health and safety, and the organisational values, expectations and policies, ✅ Provide training sessions, discussions and role modelling of courageous conversations and appropriate workplace conduct, including on social media, ✅ Provide regular opportunities for 1:1 communication and feedback between managers and staff, ✅ Provide access to a contact support officer and employee assistance program, ✅ Ensure prompt and proper handling of complaints, to reinforce the message that sexual harassment will not be tolerated. How do you know whether sexual harassment has occurred? Read How to spot bullying in your workplace and Respect and responsibility in the workplace > If you receive a verbal or written complaint or allegation of sexual harassment, you are obliged to investigate the issue to find out what happened and determine whether a breach has occurred. 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. For more information, please contact us today.

Serious workplace issues such as bullying and harassment, misconduct or discrimination should always take urgent priority for a manager. In the current climate during the pandemic, these serious workplace issues can still occur. 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. Read Your HR manager is under the pump > 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.