Jen's Workplace News

Hello!

We are back with a workplace trend, news snippets and sage advice in the “Dear Jen” column.

And of course, I share my recommendations for your viewing pleasure.

I hope this newsletter brings you some wisdom and joy!

Cheers, Jen

 

Jens Lens

When I run sexual harassment training, some attendees roll their eyes as I go through examples of prohibited conduct – but not because they don’t agree with what I’m saying. Rather, it never occurs to them that Neanderthals still roam the Earth in this day and age. I’m afraid they do.

Whether they are intoxicated or clueless, the explanation is irrelevant.

Unwanted or unwelcome sexual behaviour, where a reasonable person would have anticipated the possibility that the person harassed would feel offended, humiliated or intimidated is unlawful. Period.

Take Out Point: Employers have a responsibility to take all reasonable steps to prevent sexual harassment in the workplace. When was the last time you conducted workplace training? Are your policies up to date? Do your employees know and understand what is required of them?

There have been recent changes to the law regarding the obligations of employers. If you are an employer, please contact us if you need any assistance in navigating the changes or making sure your workplace is meeting its obligations.

 

BRIEFLY…

Job Of the Week

“Beach”: Barbie’s friend, Ken (“I’m not a life guard”) has sparked huge interest in the job “just beach”. Sadly, there are no “just beach” roles on Seek or LinkedIn this week…


The Latest Gen Z TikTok-er

A new trend is emerging with a widely viewed TikTok-er teaching millions of viewers how to pretend to do work whilst not doing anything. Lazy girl Gabrielle Judge, aged 26, shares secrets like being so nice to everyone in the office that no one questions what you do, and inventing long term unrealistic goals that
you can pretend to work towards.

Take Out Point: Thanks Gen Z. Every time you do something like this, this Gen X-er starts to bemoan “the youngsters of today” like a Boomer.

See: Gen Z teaching employees how to pretend to work


NSW Police’s Sparkly Barbie Recruiting Campaign Fail

NSW Police have embraced the Barbie cult by featuring female police officers as Barbies in a social media campaign intended to recruit more female police officers. But alas, the response has been mixed, with some commentators calling it degrading and condescending. Others saw the fun side of it.

Take Out Point: Methinks it’s unlikely there will be a Ken and Allan follow up campaign!

See: NSW Police Cops Barbie Backlash


Paid Family and Domestic Violence Leave

From 1 August 2023 employees employed by small business employers can access 10 days of paid family and domestic violence leave in a 12 month period. Employees of non-small business employers could access the leave from 1 February 2023.

See: Paid Family and Domestic Violence Leave


 

CASES YOU NEED TO KNOW ABOUT

Employee Heart Attack Death in Gym Results In Workers Compensation Claim

A senior mining company executive died suddenly from a heart attack whilst training in a hotel gymnasium during an overseas work trip.

The South Australian Employment Tribunal ruled that the employee’s death occurred in the course of his employment resulting in the late employee’s widow being awarded workers compensation payments.

The Tribunal looked at the employer’s workplace policy which required that workers need to be fit for work. It followed that using the gymnasium in the context of work travel and in accordance with employer’s expectations meant that the employee was exercising in the course of his employment.

In finding that the fitness training had been implicitly encouraged by the employer the Tribunal distinguished that it was different to activities that were not encouraged such as using the hotel bar facility.

Take Out Point: Employee activities that occur after work can be considered as occurring in the course of employment – depending upon the activity.

See: Palmbachs v Return to Work Corporation of SA


Uniting Church Minister Sacked for Preaching that Gay Marriage Goes Against Scripture

A Uniting Church Minister was dismissed by the Uniting Church after he was found to have departed from the Uniting Church of Australia’s Ministry Practises and Code of Conduct. The Minister criticised the Church’s support for gay marriage in comments he made to the media and co-signed a letter to the Prime Minister in support of religious freedom.

The Fair Work Commission rejected the Reverend’s claim for unfair dismissal on the basis that he was not an employee of the Church. The Commission found he held “a covenantal and spiritual position as a Minister of the Word”. The ruling was made despite the Reverend receiving monthly payslips, superannuation contributions and Jobkeeper COVID-19 payments.

Take Out Point: Employers should take care to ensure they understand the status of their workers whether that be employees, contractors…. or those engaged under a spiritual covenant.

See: Rev. Hedley Wycliff Atunaisa Fihaki v Uniting Church In Australian QLD Synod


 

Jen's Difficult Conversations in the Workplace

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.

 

Jen's Mailbox

Dear Jen,

I employ a lot of Gen Z-ers, who mostly bring great energy to my business.

Unfortunately, there are a few whose work ethic mirrors the latest trends on TikTok.

“Bare minimum Mondays” were bad enough. This latest trend, of being “fake busy” goes for the whole week! Am I allowed to ban TikTok before I go broke?

Regards,
Betty Boomer


Dear Betty Boomer,

These trends blow my mind too. Fortunately, they don’t have longevity – like the careers of their followers.

You can ban TikTok in the workplace, but you can’t control out of hours viewing.

Better to focus on hiring the right people. Be clear about your expectations during the recruitment process. Then watch and listen. If they look horrified and start asking about whether you offer yoga at lunchtime, they’re probably not the right fit for you.

Cheers,
Jen

 

Jen's After Work

AFTER WORK

Upcoming Show I Am Most Excited About (on Stan)

“Billions” is a lot like “Succession”… except the people who hate each other are not related. The final season is dropping on Stan on 12 August – and Axe will be back! Cannot. Wait.

What I Inhaled (on Amazon)

Somehow I was late to the “Jack Ryan” universe (despite John Krasinski being my ‘hall pass’ – oops, did I type that out loud). Even if you are not normally a CIA Agent, thriller, action series kind of person, it’s a must watch. (Did I mention John Krasinski’s in it?)

What I Watched Hiding Behind My Fingers (on Netflix)

I don’t dive and I’m scared of sharks. I was reluctant to watch the doco “The Deepest Breath” about people with freakish lung capacity who free dive where sharks live. Scary. Edge of the seat stuff. A must watch. Just stay off Google and just let it unravel without spoilers.

What I Loved (despite being drip-fed weekly on Apple)

I’m not normally a fan of hijackings, in real life or on the screen. But somehow Idris Elba had me counting down the days to Wednesday for the latest instalment of “Hijack”. All 7 eps have dropped now. Compulsory viewing.

What I’ve Started Watching (on Netflix)

I’ve always wanted to be a quarterback in the NFL. Actually, that’s a lie. I’ve always wanted to be as rich as a quarterback in the NFL. “Quarterback” is a ‘fly on the wall’ docu-series about the highs and lows of 3 quarterbacks and their families.

 

Jen's Last Word

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