Jennifer Bicknell Lawyer Coach Speaker

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 there’s a workplace trend, news snippets, cases 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

Jen's Lens

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

Employers and employees secretly recording each other. Yes really!

This isn’t smart. It’s illegal. It can also justify an employer’s decision to terminate the employee’s employment.

This was recently re-confirmed by the Fair Work Commission:

“[The employee’s] conduct in secretly recording her attendance at the office… was contrary to her duty of good faith and fidelity to her employer and undermined the trust and confidence required in the employment relationship. It provided [the employer] with a sound, defensible and well-founded reason to terminate [the employee’s] employment”.

See: Karen Altham-Wooding v PKDKAdventures Pty Ltd [2024] FWC 2753

 

Jen's Articles & Cases

BRIEFLY…

Career Terminating Move of the Week – EY Employees Sacked For Multi-tasking

In the US, Ernst & Young has sacked dozens of employees without benefits or severance for logging onto multiple training classes at a time. The employees (who worked 70 hour weeks) logged into overlapping programs on their 3 monitors. They saw it as “multi-tasking”. EY thought it was cheating and unethical (even though their IT system allowed it).

Take Out Point: Something obvious to an employer may not be obvious to an employee (especially Gen Z’s). Wherever possible, employers should ensure that their systems don’t allow conduct they want to prevent.

See: EY Employees Sacked for Multi-tasking

 


Career Limiting Move of the Week – Taking a Parent to the Interview

“Fisk” is one of the most hilarious shows on TV. In episode 3 of season 3 (ABC iview), Ray’s girlfriend attends her son’s interview with Roz. It so brilliantly parodies reality. Comedy perfection.

 


Buzz-word of the Week: Spuddle

To work ineffectively: to be extremely busy whilst achieving absolutely nothing”. (Credit: SonjaMarie73)


Upset Guardian Employees Offered Counselling After Trump’s Election Win

According to The New York Post, the editor-in-chief of British newspaper, The Guardian encouraged journalists in their UK and Australia offices to contact their US colleagues to offer their support following Donald Trump’s “upsetting” election win. Employees were also offered access to free mental health support.

Take Out Question: “Jen’s Workplace News” is a political-opinion-free zone, but this article got me thinking about employers’ roles when political and social issues affect the workplace. Thoughts?

See: Counselling Offered After Trump Win


CASES YOU NEED TO KNOW ABOUT…

Employer’s Pressure to Sign New Contract Amounts to Unfair Dismissal

An employee with over 9 years of service and a clean record was presented with a new job description and contract which included higher sales targets and post-termination restraints. The employee was concerned and sought amendments. During ongoing discussions, the employee reiterated his concerns, confirming he wished to remain employed. The employer told the employee to ‘finish up’ immediately.

The Fair Work Commission ruled that it was unjust, unreasonable and harsh to dismiss the employee for declining to sign the proposed new contract. The dismissal was therefore unfair, and the employee was awarded compensation of 19 weeks’ pay plus superannuation.

Take Out Point: Employers cannot require employees to accept new contract terms without mutual consent. Changes must be agreed unilaterally. Subsequent punitive measures for refusal are grounds for unfair dismissal.

See: Clint Dupre v Excell Protective Group Pty Ltd [2024] FWC 2313 (2 September 2024)


Dismissal Unfair Despite Bullying Employee With “Suck the Boss” Comments and Hand Gestures

A 62 year old truck driver with 20 years of service, repeatedly stated to a colleague that they “knew how to suck the boss” while imitating a person performing fellatio. After ignoring the comments initially, the colleague eventually asked the truck driver to stop. The comments were repeated within earshot of others. The behaviour was reported to the employer and after an investigation the truck driver was dismissed for breaching several of the employer’s policies.

Whilst the employer had a valid reason for dismissal, it could not rely on its policies where the employee had not been “properly trained in acceptable workplace behaviours”.

The truck driver’s application for reinstatement was denied. He was awarded compensation of the $33,076.13.

Take Out Point: It’s not enough for employers to issue policies and expect compliance. Employees must be properly trained – not “through a tick and flick exercise” but through training so employees clearly understand what is required of them and why.

See: Ramlan Abdul Samad v Phosphate Resources Ltd T/A Christmas Island Phosphates [2024] FWC 2868 16 October 2024 and 1 November 2024

Jen's Difficult Conversations in the Workplace

Don’t let unresolved workplace issues hold you or your business back… or result in an invitation to attend the Fair Work Commission.

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

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,

I recently interviewed someone on Teams for a graduate IT role.

At the end of the interview, I asked if he had any questions. He didn’t – but his mother did! Many, many questions…

I was gobsmacked. He should have told me she was online from the start, right?

Cheers,
Shocked Boss


Dear Shocked Boss,

Nothing screams “independent graduate” like bringing mum to the interview!

Yes, he should have disclosed her presence.  Looks like he may not be ready for a full-time job—but she sounds more than qualified!

Good luck with the search.

Cheers,
Jen

Jen's Workplace Law Previous Workplace 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!

Jen's Workplace Law After Work

Occasionally this “After Work” correspondent leaves the house (and her TV reviewing responsibilities) to indulge in live theatre. If you are in Sydney (or even if you’re not) you MUST see “Titanique” – the story of the Titanic told through the music of Celine Dion. Brilliant. Hilarious. Pure and utter joy: Titanique

What I Inhaled (On Netflix)

Season 2 of “The Diplomat” lived up to the hype. The addition of the incredible Allison Janney as US Vice President had all of us “The West Wing” fans positively giddy. CJ, I mean the VP, and the season’s cliff hanger did not disappoint. Bring on season 3.

What I Inhaled (On Netflix)

“Territory” is a drama about the world’s largest cattle station at Australia’s top end. Think “Yellowstone” meets “Succession”. It hit number 1 on Netflix for a reason.

What I’m Excited About (On Stan)

After the longest of waits the final ever episodes of “Yellowstone” are dropping from 11 November (same day as the US). Unless you have a photographic memory, go back and watch the last episode of season 5 part 1, so you can enjoy your remaining time with the Duttons to the max.

What I’ve Half Inhaled (On Binge and Foxtel)

The first 5 of 10 episodes of what many are calling the “best show of the year” have dropped. Infuriatingly, the next 5 episodes of “The Day of the Jackal” – are being drip fed weekly. If you are into shows about snipers and MI6 you will love this one.

What I Watched (On Netflix)

Netflix has dropped the second instalment of (the unfortunately named) “Simone Biles: Rising”. It features the G.O.A.T’s Paris Olympic journey, and (spoiler alert) despite being a doco, Biles and Netflix could not have scripted it any better.

What I Watched (On 9Now)

Fans of Aussie drama and cop shows will love “Human Error”. Based on a true story, a homicide Detective trusts her gut and follows the twists and turns in a tricky murder case.

Jen's Workplace Law Last Word


 

Pets attending teams meetings

 

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