WORKPLACE ISSUES 2

INTRODUCTION

While workplace culture is a subject on its own, no workplace is perfect. The development of a good workplace culture can assist in reducing and managing workplace issues before they arise.

Each entity, enterprise, industry and sector will experience a variety of incidents and issues. Whether they be incorrect payments or incorrect employment status or WHS matters. All issues create angst amongst the parties concerned. Workplace bullying continues to be a prominent feature encapsulating forms of bullying: whether it be psychological or physical. Issues concerning discrimination in the workplace (e.g., s. 772 of the Fair Work Act), is another area of concern.

So how does one approach workplace issues? Obviously there are a wide range of experts and views providing enormous insight and advice. However, each issue will have its own characteristics, its own people, its own precedent, its own way of dealing with workplace issues.

ISSUES

A myriad of workplace issues occur in the workplace, from absenteeism due to a variety of reasons such as seeking to attend the cremation of a dog (true!!) to breaches/non-compliance of employment contracts, awards or enterprise agreements. In addition to the above examples, some specific examples can include:

·           punctuality

·           improper wearing of company uniforms

·           drug and alcohol issues; smoking on the job

·           failure to follow safe and lawful instructions

·           proper use of company vehicles and company equipment

·           meal breaks – adherence

·           bullying and discrimination

·           failure to produce a medical certificate

·           denial of a workplace right

These types of individual issues can extend to wider matters such as poor performance; non-completion of a training programme as well as failure to follow company policies and procedures.

The list goes on.

Failure to comply with legislative requirements can also lead to significant problems. Wage theft, having been progressed across a wide range of organisations including small, medium and large business, has finally seen legislation emerging to deal with this abhorrent practice including workplace slavery.

APPROACHING WORKPLACE ISSUES – CONSIDERATIONS and PROCESSES

In dealing with workplace issues, a common sense approach is an important consideration. The matter of an investigation can also be an important factor. Regardless, in dealing with an issue or a grievance it is vital to apply procedural fairness and natural justice.

An individual’s attitude may play a key role in dealing with the issue. Accordingly, failure to maintain a respectful and appropriate communication style, may have a negative outcome/effect. Company reputation can also be affected. All these can contribute to the emergence and resolution of workplace issues.

Comments made by respective employee(s) and conduct occurring on an ongoing basis contribute to issues and/or grievances. A person’s conduct can be part of a systematic pattern of conduct relating to one or more other persons and so requiring attention.

Broad Expectations

Regular communication and consultations with all employees as well as individual employees is important. This would include maintaining high standards of behaviour – Company expectations.

Follow safe and lawful instructions and performing the inherent requirements of the employee’s role are also important aspects in maintaining a good workplace culture as well as attempting to limit workplace issues. Failure to maintain a respectful and appropriate communication style with respect to work colleagues and others will create difficult workplace issues. Accordingly, respect, common sense application; maturity of people involved, are most relevant elements.

Precedent can create a poor workplace culture when past events/actions and result in poor outcome and/or no changes/improvements in said event are continued. It is therefore important to ensure that any past events have been reviewed and updated. For example, previous incidents relating to same/similar current issue. Also, the relevance of previous warnings, should be recognised and applied.

Actions

So how are workplace issues dealt with? Applying the principles set out in s. 387 of the FW Act dealing with termination of employment provides assistance.

Employers have a duty to take reasonable and proportionate measures to eliminate as far as possible areas; situations; etc., that may attract opportunities for workplace issues to emerge. Employees have a duty of care to themselves, others as well as a duty of trust and good faith. These principles also have relevance in the area of health and safety where the proper safety standards and recording mechanisms require utmost application.

Accordingly, applying procedural fairness and maintaining natural justice together with maintaining accurate documentation when dealing with issues, are fundamental. As is ensuring consistency between management and staff, and applying a consistent approach in the workplace.

Disclaimer: Richard Krajewski’s articles are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication.