Posts by garnold

The Increasing Pressure on HR to Get it Right

When HR gets it wrong, the stakes are high. From unfair dismissal findings against a business to vicarious liability, the Courts and Tribunals in recent years have been critical in their decisions about the way that HR Managers and line managers have dealt with certain issues. Here we look at four key areas where practitioners and managers are most vulnerable and how to avoid these HR mistakes. Workplace Investigations In the past couple of years, workplace investigations have become more common, and HR or line managers are usually tasked with carrying them out. However, acting as...

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Sexually Harassed by Colleague and Flawed Investigation Results in $150K damages

A woman has been awarded $150,000 in damages for a psychiatric injury after she was sexually harassed by a colleague. The Victorian Civil and Administrative Tribunal (VCAT) also heavily criticised her employer in the decision for failing to conduct an impartial investigation. The accused male employee and the victim’s employer, Parker Manufactured Products, were ordered to jointly pay $130,000. In addition, the company was ordered to pay an extra $20,000 in damages. The alleged sexual harassment by the male included addressing the employee using sexualised nicknames, staring at and making...

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Seagulls Club

“Seagulls Club uses the Bullying and Harassment Workshops provided by Effective Workplace Solutions as an integral part of our ongoing training program for our staff and are of great value to the Club and to our staff. We find the face-to-face workshops to be far more effective than any online training or generic seminars that staff have undertaken. The quality of the workshops also demonstrates to our staff that the Club is serious about workplace bullying. Apart from providing vital information and education to our staff, we find that the Workshops provide a solid basis for dealing with...

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The Rise of Accessorial and Individual Liability – A Growing Concern for Managers and Directors

Directors, CEOs, General Managers, and even HR Managers beware; the Fair Work Ombudsman (FWO) appears to be increasing its activities and is taking legal action against individuals under the Fair Work Act 2009 (Cth) (“the Act”), and there can be serious consequences. Last year saw an increase in the Fair Work Ombudsman’s (FWO) efforts to pursue directors and managers, including HR and payroll managers, for their involvement in contraventions of the Act. Section 550 of the Act makes it possible for legal action to be taken against individuals who are personally involved in breaching the...

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Is United Voice Becoming the New CFMEU

Just as I read the Courier Mail a couple of weeks ago and find the CFMEU state secretary Jade Ingham charmingly stating: “We just like a f—ing blue” (Courier Mail, 9 September 2016), I reflected on the disgraceful display of 2 bus loads of supposedly United Voice members protesting last month as they entered the premises of one of our clients, Southport Sharks. For those who are not aware, a couple of weeks ago United Voice orchestrated a protest on Southport Sharks within the premises of the Club. It appears that the “mob” arrived in 2 buses, entered the Club and signed in as guests...

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