Jennifer Bicknell Workplace Newsletter

Hello!

Welcome to your favourite workplace law newsletter – a combination of things you need to know (and things you didn’t know you needed to know).

I hope this newsletter brings you some wisdom and joy!

Cheers, Jen 


Jens Lens

What trend am I seeing out there in the workplace world?

Employees pushing back on the legitimacy of their roles being made redundant by filing Unfair Dismissal claims.

More often than not, the roles are genuinely redundant – but the way employers are explaining the restructure (or failing to) is the real problem.

When communication is unclear, employees assume the redundancy is just a cover for something else, leading to unnecessary disputes and headaches for everyone involved.

Take Out Point: Termination conversations are never fun. Restructures aren’t about performance. That message needs to come through loud and clear. If you’re struggling with how to frame the conversation, get some help.

 

Bicknell Law New Team Member

Highly respected (and very fabulous) HR leader, executive coach, and facilitator Deborah Stonley has joined us!

Don’t ignore HR headaches. Fix them.

  • Want to boost your HR team’s skills (and confidence)?
  • Don’t have a HR team and have a tricky people issue?
  • Struggling to hire (or keep) the right people?
  • Is your HR training collecting dust instead of delivering results?
  • Thinking about career coaching but don’t know where to start?
  • Need targeted development for high potential leaders to take them to the next level?
  • Wondering what your employees really think?

Deborah has over 30 years of experience in senior HR roles and leadership development. She provides practical HR solutions – minus the corporate jargon.

To discuss further, contact Jennifer Bicknell on 0411 275 920 or jen@jenniferbicknell.com.au.

Read more about Deborah here.

Jen's articles and cases

BRIEFLY…

Workplace Wondering of the Week: Do you say “please” and “thank you” when using AI, or are you risking being first on the list when the robots take over?



Buzz phrase of the Week: FOBO (Fear of Becoming Obsolete)

The fear that AI is gunning for your job – and winning – while you’re still figuring out how to unmute on Zoom.



From Flat White to Flat Out of a Job 

A 66-year-old employee (with 27 years’ service) was invited by his manager for a coffee at their usual café, only to be told, in public, that his employment would end on 31 December (six months later).

The manager was planning a restructure and didn’t see the employee as part of its future, but didn’t make it clear in discussions whether the employee was being replaced or retrenched.

The news made the employee feel “helpless and sick in the stomach”. He never returned to work and claimed workers’ compensation for psychological injury. The employer argued that an informal café chat was a “sensitive” approach, but the NSW Personal Injury Commission ruled it was unreasonable and breached redundancy policies.

The employer was ordered to pay eight months’ compensation plus medical costs.

Take Out Point: Don’t have life changing conversations in a coffee shop. Just don’t.

See: Khan v Hitachi Energy Australia Pty Ltd [2025] NSWPIC 22 (28 January 2025)


New Sexual Harassment Code of Practice 

The Commonwealth Code of Practice on Sexual and Gender-based Harassment is being introduced to provide practical guidance to employers regarding the prevention of sexual harassment in the workplace.

The Code will assist employers to comply with the positive duty under the Sex Discrimination Act, to take reasonable and proportionate measures to eliminate sexual harassment.

The Code will operate alongside another new code focused on managing psychosocial hazards at work.

Take Out Point: Navigating complex laws can be hard. Codes of Practice assist with getting compliance right.

See: New Sexual and Harassment Code of Practice and WHS Managing Psychosocial Hazards at Work Code of Practice


Jen's Difficult Conversations in the Workplace

Difficult Conversations Suck – But You Don’t Have to Suck at Them 

No one hands you a manual for tough workplace talks – so I wrote one, turned it into a workshop (and added an interpretive dance).

In my “Awkward to Awesome” workshop, you’ll learn:

✅ A simple, step-by-step way to handle tricky conversations without making it weird
✅ Exactly what to say when it matters (and what not to say)
✅ How to give feedback that actually lands (instead of backfiring spectacularly)
✅ How to avoid putting your foot in your mouth (and what to do if you already have)
✅ How to handle performance issues before they become disasters.

I’ll give you:

✔️A practical skillset you’ll use forever
✔️A serious upgrade to your leadership skills
✔️ A major confidence boost for your next tough talk
✔️A few laughs (possibly at my expense)
❌ No cringey role-plays. (We practice, but in a way that makes you better – not more uncomfortable)

REMEMBER… AVOIDANCE ISN’T A STRATEGY! 

Contact Jen on 0411 275 920 or at jen@jenniferbicknell.com.au

Jen's Mailbox

Dear Jen,

My boss just made 3 people redundant via email. No meeting, no warning, just a “thanks for your service” and a request to return their laptops.

Now the rest of us are terrified to open our inboxes.

Is this the new normal?

Cheers,
Constantly Hitting Refresh



Dear Constantly Hitting Refresh,

Humans have always avoided difficult conversations, but no, the keyboard wasn’t invented for this purpose.

You deserve a workplace where your biggest fear is running out of coffee.

Take this as your sign to find a boss who knows how to communicate and make your current boss redundant in your life.

Good luck!

Cheers,
Jen

PS: Tell your boss to buy my online course, sounds like they need it!


Workplace Previous Newsletters

CATCH UP ON PREVIOUS NEWSLETTERS

Previous newsletters are available at our website. To catch up on earlier legal updates or viewing recommendations, head there now!

Workplace Newsletter After Work

Theatre Lovers
If you live in Sydney (or want an excuse to visit) you must see “MJ The Musical”. It’s like seeing Michael Jackson perform…for reals. It’s a “Thriller”.

What I’m Watching (on Foxtel/Binge)
A lengthy tourism ad for Koh Samui – also known as “The White Lotus” season 3. (Anyone else secretly hoping that Tanya will make a surprise appearance? I know, I know…).

What I Watched (on Paramount)
Nothing says work-life balance like being a CIA agent torn between saving the world and rekindling an old flame. In “The Agency”, “Martian” (not a typo) is dragged back to London Station only to run into his ex, forcing him to choose between duty and desire. Expect spies, secrets, and a lot of brooding stares into the middle distance.

What I’m Watching (on Amazon Prime)
Sometimes, after a long day, we just need to chill out and watch a ripped good guy do hard things. Cue “Reacher” season 3.

What I’m Watching (on Disney)
As a wannabe Doctor, it’s very annoying when shows like “Grey’s Anatomy” stop mid-season. Season 21 is back. For now.

If You Want to Watch Oscars Movies…
“The Substance” (starring Demi Moore) is on Stan, “A Real Pain” (starring Keiran Culkin) is on Disney and “The Apprentice” (not starring Donald Trump) is on Stan.

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