#CCIHeartsHR#CCIHeartsHR

Are Employee Relations Issues Keeping You Up at Night?

Presented by: Jessica Price & Kendall Scott

Employee Relations Managers

Employee Relations Consulting

Employee Relations Advice Centre

#CCIHeartsHR

House Rules

• The chat box is available if you have any questions

• Please “raise your hand” if you have any technical issues.

• There will be time for questions during the webinar.

• We will be recording the webinar for future viewing.

• Our slides will be available after this session.

• Join the conversation on Twitter with #CCIHeartsHR

#CCIHeartsHR

#CCIHeartsHR

Meet your HR experts

Kendall Scott

Manager

Employee Relations

Advice Centre

Jessica Price

Manager

Employee Relations

Consulting

#CCIHeartsHR

#CCIHeartsHR

You’re not alone

• 33,000 ER queries received each in 2014

• Redundancy calls currently at GFC levels!

• 1 in 3 calls received on performance management matters

• Bullying calls double in 12 months YTD

• You’re not alone, and help is at hand!

#CCIHeartsHR#CCIHeartsHR

The Risk

UnfairDismissal

Adverse Action

Personal Fines

Professional Reputation

Litigation

Time & Resources

Bullying Complaints

Underpayment claims

ShamContracting

#CCIHeartsHR

It’s real…

• Will your workplace be the subject of formal claims over workplace relations issues this year?

• Claims are on the rise – in 2013/14 FY FWC received…

14,266 unfair dismissal claims* 701 workplace bullying complaints* 4,141 adverse action claims*

These numbers are increasing significantly each year!

*Fair Work Commission Quarterly Statistical Reports

#CCIHeartsHR

The nightmare…

• FWC regularly criticises HR practitioners for substandard HR practises

• HR Professionals are not safe o Personal fineso Professional reputation

#CCIHeartsHR

Keeping you awake at night?

• FWO is actively targeting industry sectors through compliance campaigns

• Directors, business owners and managers can also be held personally liable

• Companies go out of business

#CCIHeartsHR

No one is safe!

FWO headlines in 2014/15

• Advertising Co. fined $100k for underpayments

• $190k penalties for exploitation of trolley collectors by major retailer

• Co. director fined $50k for ignoring unfair dismissal compensation Order

• Childcare centre “on notice” after $170k underpayment

#CCIHeartsHR#CCIHeartsHR

THE COST OF UNFAIR DISMISSAL CLAIMS?

Up to:

$66,500 compensation

$51,000 in fines

#CCIHeartsHR#CCIHeartsHR

ADVERSE ACTION CLAIM COSTS

Up to:

$51,000 in fines

Uncapped compensation

#CCIHeartsHR#CCIHeartsHR

PERSONAL LIABILITY

UP TO $10,200

PER BREACH

#CCIHeartsHR

Redundancy

#CCIHeartsHR#CCIHeartsHR

Legal fees

Corporate Reputation

Management Time

Damages

Fines

Back Payment

Costs

#CCIHeartsHR

Redundancy

Before implementing redundancies, ask yourself:

• Genuine redundancy?• Reasons for implementing change?• Strategies to mitigate impact?• Selecting employees on objective criteria?• Evidencing the need to introduce change? • Documenting employee selection?• High risk situation?

#CCIHeartsHR

Strategies

Look • industrial instruments• contract• policies, procedures & custom • the law

Listen• to management (redundancy or something else?)• seek professional advice

Learn• from case law and other’s mistakes

#CCIHeartsHR

Performance Management

#CCIHeartsHR

Risks

Unfair dismissal

Unlawful termination

Discrimination

Adverse Action

Constructive dismissal

Bullying complaints

#CCIHeartsHR

Performance Management

Before engaging in performance management, have you...

• investigated & gathered sufficient evidence?• got specific examples?• reasonably allowed support person?• given reasonable opportunity to respond?• genuinely considered responses?• issued punishment fit for the crime?

#CCIHeartsHR

Strategies

Preparation is key:

• Be well prepared & timely

• Have a valid reason that is well evidenced

• Identify any risk areas & alert Company to risks

• Create plan to minimise risk

#CCIHeartsHR

Strategies

A fair process:

• Be specific, clear and consistent on goals, expectations and outcomes

• Stick to facts

• Keep it impersonal

• Give genuine consideration to responses

• Be clear and to the point

• Confirm understanding

#CCIHeartsHR#CCIHeartsHR

Workplace Bullying

#CCIHeartsHR#CCIHeartsHR

Workplace Bullying Claims

Contravention of an order may result in civil penalties:

Individual $10,200

Company $51,000

#CCIHeartsHR

Workplace Bullying

A worker is bullied at work if:

a) while the worker is at work in a constitutionally-covered business, an individual (or a group of individuals) repeatedly behaves unreasonably towards the worker (or a group of workers); and

b) that behaviour creates a risk to health and safety.

Does not apply to reasonable management action carried out in a reasonable manner.

Fair Work Amendment Act 2013

#CCIHeartsHR#CCIHeartsHR

It isn’t bullying because:

–“They are oversensitive”

–“They are just a whiner”

–“They contribute to it”

–“It’s a personality clash”

Dispelling the Myth

#CCIHeartsHR

Reasonable Management or Bullying?

#CCIHeartsHR#CCIHeartsHR

Not Workplace Bullying…

Reasonable Management Action

• Appropriate performance management

• Constructive feedback

• Directing work and assigning tasks

• Directing an employee to do their duties

• Appropriate disciplinary procedures

#CCIHeartsHR

Educate staff on policies & procedures

Be proactive where issues are identified

Monitor all resolved

issues closely

Be present, aware and in

control

Remind staff of Co.

expectations

Act on all complaints promptly

Strategies to consider…

#CCIHeartsHR

Rest easy, help is at hand…

Employee Relations Advice Centre

(08) 9365 7660 or advice@cciwa.com

Employee Relations Consulting

(08) 9365 7730 or erconsulting@cciwa.com

www.cciwa.com

#CCIHeartsHR