Hello!

Welcome to your favourite workplace newsletter – a combination of things you need to know and things that will make you laugh out loud.

In this issue we have a workplace trend, news snippets, cases and sage advice in the “Dear Jen” column, and of course, I also share my recommendations for your viewing pleasure.

Thanks to those who have taken the time to email or text me to let me know that this newsletter has done what I set out to do – bring you wisdom and joy.

Cheers, Jen 

Jens Lens

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

An unstable job market…

But fear not. If you are keen to try something “out of the box”, one of this week’s “Jobs of the Week” may be for you!

BRIEFLY…

(Unpaid) Jobs of the Week: Tasmania

Fancy yourself as a “Wombat Walker”, “Truffle Snuffler”, “Paranormal Investigator”, “Wine Whisperer”, “Cave Conductor”, “Oyster Organiser”, or “Sauna Stoker”? Whilst these gigs won’t pay the bills, you have to admit that it would be fun coaxing wombats out of bed to get them moving and “motivating them to complete their morning walks”.

Where do I sign?

See: Tasmania Hiring Wombat Walker and Other Odd Jobs


 

Job of the Week: Personal Assistant and Estate Manager for F1 Driver

Locations: London (Primary), Monaco and Sydney
Education: BA required
Warning Provided in the Ad: NOT for the faint of heart​” (Really?)

An ultra-high net worth VIP (who has a “work hard, play hard” mentality – phhlease) is looking for someone to wear many hats, travel the world, and come to work every day and “give it 110%”.

Take Out Point: This job ad sounds made up. I will let you know when I hear back from the recruiter!

See: PA to Formula 1 Driver


 

Job of the Week: Aquarist 

Some jobs are so rare they are not recorded by the Australian Bureau of Statistics. One such job is an “Aquarist” – a zookeeper for sea creatures. Melbourne Aquarium is currently hiring Aquarists, so if you grew up not killing the fish in your tank, and know how to maintain filtration, heating and lighting, this job could be for you.

See: Unusual Jobs


 

Australia’s Coolest Academic? 

Rachael Gunn (street name B-Girl Raygun) is a 36 year old Macquarie Uni lecturer with a PhD, who will be representing Australia in breakdancing at the Olympics in Paris. Très bonne!

See: Breakdancing Academic


 

Atlassian Flexible Future of Work Experiment 

Atlassian’s Connection Hub (which, to be clear, is not an “office”) is an experiment. Spread over two floors in a building on Melbourne’s Flinders Street, the furniture comes from other offices or second hand stores. There’s no flash kitchen. It’s a space that has been created to offer “Atlassians” flexibility. Some employees come in every day, and some don’t use it at all.

Whilst other companies have mandated at least a partial return to the office, Atlassian has a “Team Anywhere” strategy. They are “not making a bet on remote work, [they’re] making a bet on flexibility”. Three months in, employees are “reporting a 38 per cent increase in connection, a 24 per cent increase in creativity and a 20 per cent increase in productivity”.

Take Out Point: I’m not sure how they measure this, but ok…

See: Atlassian’s Flexibility Experiment


 

Law Firm Screens Job Applicants Over Anti-Israel Protests 

Top Wall Street based law firm, Sullivan & Cromwell has indicated that there will be consequences for individuals who participated in antisemitic university protests. The firm will “do background checks to scrutinise American applicants’ involvement with pro-Palestinian groups and campus protests”. Other firms are considering a similar policy and some have rescinded job offers for students who participated in protests.

Take Out Point: Political decisions have employment consequences.

See: Job Applicants Screened


 

CASES YOU NEED TO KNOW ABOUT

Request For “non-white” Member Refused 

A Nepalese worker sought to have his general protections case reallocated to a “non-white/Aboriginal to decide” on the basis that:

I have right to get fair justice or trial. If trial is biased then discrimination will be excuse and decision will be white is always right. And please don’t tell me what law says, when genocide of aborigines happened there was law too”.

The request was declined by the Fair Work Commission on the basis that the FWC allocates matters on a “non-discriminatory basis“.

Ultimately the case was dismissed as it was found that the employee had resigned, and had not been forced to do so.

Take Out Point: Applications for re-allocation must be justified and not just based on the preference of the applicant.

See: Sudharson Thapaliya v The Arnhem Land Progress Aboriginal Corporation [2024] FWC 1380 (28 May 2024)


 

When Serious Misconduct Justifies Dismissal 

An employee claimed 4 days’ jury service leave despite not being required to attend Court, used inappropriate and offensive language during a work meeting, and failed to attend a disciplinary meeting (ie refused to follow his employer’s lawful and reasonable direction). After being summarily dismissed from his employment, the employee brought an unfair dismissal claim in the Fair Work Commission.

At the hearing, the employer pointed to additional examples of misconduct, however the FWC found that the employer did not establish that a pattern existed. Despite this, the other incidents were found to provide a valid reason to dismiss and the employer had followed a fair process. The employee’s claim of unfair dismissal was dismissed.

Take Out Point: Employers do not need to prove every reason for a dismissal, provided that at least one reason is found to be valid and a fair process has been followed.

See: Osia v BOC Limited [2024] FWC 1506 (11 June 2024)

Jen's Difficult Conversations in the Workplace

Do you know how to manage disputes between colleagues? 

The ‘Awkward to Awesome’ Workshop will empower your managers and team with essential skills and techniques to tackle challenging conversations with confidence.

Don’t let unresolved workplace issues hold your business back. Empower your team with the skills to have difficult conversations. Increase productivity. Decrease recruitment costs. Boost profits! Check out the ‘Awkward to Awesome’ Workshop.

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 coaching session.

Jen's Mailbox

Dear Jen,

My staff have asked me if we can have the tv on in the background during the Olympics.

I am worried this will affect productivity. What should I do?

Cheers,
Boss Bob


Dear Boss Bob,

Decorate the office and heat up the meat pies.

Aussie. Aussie. Aussie. Oi. Oi. Oi!

Cheers,
Olympic Jen

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!

Jen's After Work

What I Watched (On Netflix) 

“The Man With 1000 Kids” is one of those docos you don’t want to watch, but you do, then spend the next few hours wondering “how could this happen?”. Cue, deep dive on Google. Heart breaking. Mind blowing. Wow!

What I Watched (On Netflix) 

“Sprint” is the 100m running race equivalent of “Formula 1: Drive to Survive”. A fascinating look at what it takes to run really fast in a straight line. [Spoiler: freakish legs and unbearable ego].

What I Watched (On Paramount) 

I can’t say a lot about “Fake” without giving away the plot but it has Asher Keddie and David Wenham in it, so watch.

What I Have Started Watching Again (On Paramount) 

I am not brave enough (or American enough) to be a member of the FBI, but I have always been fascinated by those who are. Sometimes, at the end of a long day, I just need to escape to the streets of NYC and watch baddies get caught on “FBI”.

What I Watched (On Netflix) 

“Geek Girl” is aimed at “teens” and “young adults”, but I am ageless, and loved this series about an awkward teen who is scouted by a top London model agent. Is it silly? Yes. Can you watch it with or without kids? Absolutely. Escapism has no age barrier!

Jen's Last Word

 

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