Hello!
We are back with a workplace trend, news snippets, sage advice in the “Dear Jen” column and our gift to you is a fabulous checklist relating to the new AHRC sexual harassment positive duty guidelines.
And of course, I share my recommendations for your viewing pleasure.
I hope this newsletter brings you some wisdom and joy!
Cheers, Jen
Higher mortgage rates and rents are impacting the labour market.
Employees are not moving as much (unless given no choice by their employer).
Employers are not tolerating lazy or toxic employees.
Things are getting real.
BRIEFLY…
Job Of the Week
President – Spanish Football Association
Salary: In excess of 600,000 Euros p.a. plus variables.
Must-have: Boundaries.
Another Job Of the Week
Product Manager – Content Creator At Netflix
Salary: $1.3 million p.a.
Must-have: Ability to use AI products.
I really must sign up for that TAFE AI course…
See: Netflix AI Job
Work From Home Sex
Research conducted by printer ink and toner provider TonerGiant, claims that 1 in 8 British people have had sex during work hours while working from home.
Not sure what’s more surprising – that people are shagging instead of working, or that a toner provider conducted this “research”.
See: Work from Home Sex
Real Estate Agent Sacked For Mocking Renters
A top Brisbane real estate agent mocked renters as “nobodies” and boasted in a Facebook group that she pays “twice their wage in tax or I probably pay their Centrelink wages”. The agent’s employment was terminated. No word on whether she has registered with Centrelink.
Department of Employment and Workplace Relations Underpaid Staff
The Department of Employment and Workplace Relations has admitted to underpaying 68 employees.
If they can’t get it right….
See: DEWR Underpaid Staff
AHRC Guidelines For Complying With Sex Discrimination Act Positive Duty
From 12 December 2023, the Australian Human Rights Council (AHRC) will have statutory powers to undertake investigations, and enforce the new positive duty to prevent sex discrimination and sexual harassment.
The AHRC has published its Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth). The AHRC will be using the Guidelines to assess compliance with their duty to take reasonable and proportionate measures to eliminate (as far as possible) sex discrimination and sexual harassment.
See: AHRC Guidelines
Or if you can’t face reading 110 pages of Guidelines…
See: Our Checklist which summarises the Guideline’s Seven Standards and Four Guiding Principles.
CASE YOU NEED TO KNOW ABOUT
Dismissed Employee Awarded $93,000 After Complaining About Manager’s Swearing
An employee for a security services company was subjected to ongoing swearing and racist comments by his manager.
When the manager asked him “what have you achieved today c*unt?” the employee left the meeting. He sent an email to the manager stating “Just a quick note to remind you that my name is Joe or Joseph …. It is not c*unt..”.
Five months after the employee made the complaint, he was dismissed. The employer claimed the dismissal was due to the employee’s performance. The employee contended the dismissal was due to his complaint about the swearing. He filed an adverse action. The Federal Circuit and Family Court found that the employee’s complaint about the swearing was a substantial factor in the decision to terminate him.
The Court held that there had been adverse action against the employee and awarded the employee $93,500 for economic and non-economic loss.
Take Out Point: Respondents in adverse action claims, like the employer in this case, need to meet the reverse onus and prove that adverse was not taken for a reason prohibited by the Fair Work Act.
See: Noonan v XYZ Security Services Pty Ltd
Difficult Conversations – Strategy + Scripts + Documentation
Important conversations require planning. Often we know they need to have a conversation but can’t find the right words.
That’s where I come into it. I have a knack for preparing strategies, scripts and documents for:
- Performance management conversations
- Redundancy consultations
- Managing toxic employees
- Addressing bullying and harassment claims
- Managing requests to Work From Home and Flexible Work Arrangements.
Let me take the stress out of handling these workplace issues…
Or grab the most practical online course in town. Run, don’t walk to my website for my highly informative and entertaining online course – “Difficult Conversations In The Workplace: A Lawyer’s Guide to Not Needing a Lawyer”. Spend an hour with your favourite unlawyerly lawyer for just $149 plus GST, or organise a workshop or coaching.
Dear Jen,
As President of the world’s greatest football federation, I expressed my passion in a way that others misunderstood.
Despite my innocent intentions, I have been subjected to a witch-hunt and condemned.
I’m worried this will affect my future career prospects.
Can I fix this?
Regards,
Passionate President
Dear non-consensual head-holding lip-kisser,
No.
Jen
AFTER WORK
What I Watched (on Disney+)
Not sure why I didn’t watch “Matildas: The World At Our Feet” before the World Cup, but I’m really glad I’ve watched it now. I fell in love with Australia’s favourite team all over again.
What I Watched (on Paramount)
I love shows about fire-fighting and prison. So imagine my joy when I discovered “Fire Country”. A young inmate joins a firefighting program to get a shorter sentence. Californian wildfires. A redemption arc. So far no bears, but one can hope.
What I Watched (on Foxtel)
I love flowers. At one stage I considered becoming a florist (despite the absence of talent). Talent’s not a problem for the floral rockstars on “Billionaire Blooms”. If you’ve ever wondered what can be done with flowers at a 3 day wedding in Venice with no budget, this is your show!
What I Watched (on Amazon Prime)
I love fashion and I love cats. “The Mysterious Mr Lagerfeld” is a 90 minute documentary featuring Chanel and Choupette (who is almost as cute as my Oscar and Floyd).
What I’m Watching (on AppleTV)
I love a docu-series about alleged corporate mischief. “Wanted: The Escape of Carlos Ghosn” examines the shenanigans of former Nissan-Renault CEO Carlos Ghosn, who fled Japan in a box whilst on bail, to avoid prosecution.
