Workplace Wizards

Webinar – Having Difficult Conversations Highlights

We held a webinar last week on ‘having difficult conversations’ with your staff. We’ve shared the top three snippets here!

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Susanna Ritchie
Susanna Ritchie

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employee behaviour

Harnessing AI: Navigating a New Era in the Workplace

In today’s rapidly evolving business environment, artificial intelligence (AI) isn’t just a technological trend. It’s a transformative force reshaping how companies manage their most crucial asset: their people. From recruitment to retention, AI’s influence is pervasive and brings together both immense opportunities and significant challenges that HR professionals must learn how to skilfully navigate. The Double-Edged Sword of AI in Recruitment The recruitment process is perhaps the most visible arena where AI (within the workplace) has made its mark. Tools like automated resume screening and AI-driven assessment platforms are designed to enhance efficiency and reduce bias by evaluating candidates based on data rather than gut feelings or human intuition alone. A study by LinkedIn revealed that 67% of hiring managers and recruiters reported that AI saves them time during the recruitment process. Smooth and efficient it might be, but don’t let the sparkle of AI completely fool you. While AI no doubt excels at handling large volumes of applications and pinpointing top candidates based on set criteria, it lacks the human touch needed to gauge softer skills and cultural fit when assessing candidates. Here lies the critical role of HR: to strike the balance and blend these technological tools with the unique nuances of human interaction, ensuring a holistic approach to hiring that recognises a candidate’s full potential beyond their resume. Enhancing Employee Experience Beyond hiring, AI can extend its reach into the enrichment of employee experience in the workplace. AI-powered HR platforms such as eduMe AI, Effy AI, Entelo and Leena AI offer personalized learning paths, career development insights, and predictive analytics to pre-emptively address potential dissatisfaction in the workforce. Take IBM’s Watson for example. It can identify potential employee departures by analysing engagement patterns—not through surveillance, but through thoughtful sentiment analysis. This proactive approach can help HR to proactively and meaningfully engage with employees, potentially curbing turnover. A recent Gartner report suggests that organisations leveraging AI in their HR practices report improvements in employee satisfaction and a reduction in turnover rates. This highlights the potential of AI to not only predict trends but also be a shining light that helps foster a more supportive work environment. A Helping Hand for HR For everyday HR management, AI can prove invaluable. AI-driven chatbots, for instance, are becoming commonplace in answering employee queries regarding policies, benefits, and other HR-related concerns. This ability for immediate response not only takes pressure off HR professionals but can also enhance employee satisfaction by providing quick answers to simple questions, in turn allowing HR to focus on more complex issues. Additionally, AI can streamline administrative tasks like payroll processing, leave management, and benefits administration. By automating these processes, AI can be utilised to reduce the likelihood of human error and frees up HR professionals to engage in more strategic, value-added activities. Navigating the Ethical Terrain With great power comes great responsibility, and AI is no exception. As we integrate more AI tools into workplace processes, ethical considerations must be at the forefront to ensure professional ethics is maintained. Issues such as data privacy, consent, and potential biases inherent in AI algorithms are critical concerns that must be tackled proactively. To give you an example of what can happen when ethics aren’t properly considered, take the example of Amazon who recently had to scrap its AI recruiting tool after discovering it favoured male candidates over females due to biased training data. The repercussions of this go beyond just the logistics of having to overturn a tool and process recently put into place; it unwittingly can damage reputation and shine a glaring light on any holes or oversights that exist in the management of business operations. So, it goes without saying that it’s important we ensure that any AI tools in the workplace are implemented responsibly. This could mean working closely with IT and legal departments to set clear policies on AI usage that respect employee privacy and promote fairness. The Road Ahead Looking ahead, the ongoing advancements in AI technologies promise even more sophisticated applications in the workplace. However, this future state also demands that workplaces – specifically management and HR departments – continue to develop their understanding of these technologies. Staying informed about AI trends and their implications on workforce management will is crucial to ensure businesses are able to stay on top of the curve and thrive. AI in the workplace presents a unique blend of challenges and opportunities. By adopting a thoughtful approach that emphasises ethical considerations and complements AI’s capabilities with human insight, workplaces can leverage AI not just to improve operational efficiencies but also to enhance the human aspect of human resources. 8 Wizard Tips for Integrating and Governing AI in the Workplace Develop comprehensive governance frameworks that outline the ethical use of AI, accountability, and the scope of decision-making. Something to consider here is any existing privacy policies and/or privacy law obligations that need to be met – how will this interact with and inform your AI policies? Transparency in AI processes is essential. As recommended by the European Union’s guidelines for trustworthy AI, organisations should be able to explain and justify AI-driven decisions, especially those impacting employee assessments and promotions. Have systems in place to regularly monitor and audit AI tools for biases. Ongoing monitoring is important so that you can quickly identify and mitigate any biases that AI systems may develop over time. Invest in training programs to help employees understand AI technologies. We’re not just talking about training IT staff but ALL employees to ensure they’re AI-savvy – consider making it a permanent feature of the onboarding process, for instance. Design workplace processes that encourage Human-AI collaboration. Ideally AI should augment human capabilities and not replace human judgment, especially in sensitive areas. The aim is to utilise AI to help us do what we do best. Ensure there is always human oversight where AI is used, especially in critical decision-making processes. AI is smart and powerful but it’s not something that should be relied on as an

discrimination

7 More Reasons To Update Your Employment Contracts

In today’s fast-paced business world, the idea of having a rigid, unchanging workplace contract just doesn’t cut it anymore. Organisations need to be nimble, ready to pivot and adapt to new technologies, legislative changes and the evolution of face of business operations. So, it’s essential that employment contracts are not a ‘one and done’ affair. Periodic reviews and adjustments are essential to ensure that both the employer and employees can adapt to changes and, most importantly, have clear and transparent communication about roles, responsibilities and expectations. And what’s better than a sequel? Building on our previous discussion this blog is exploring 7more reasons you should update your employment contracts. We’re adding new insights and expanding the conversation to show you how dynamic contracts are key to creating a thriving, modern workplace. 1. Unplugging After Hours New right to disconnect laws (kicking into effect on 26 August 2024 for all non-small business) grant employees the legal right to disengage from work communications outside of their official working hours. Employment contracts should be updated to reflect these changes, setting clear boundaries on expected work hours to prevent miscommunication and ensure employees can maintain a healthy work-life balance. For a summary of the right to disconnect legislation, click here. 2. Fair Pay Recent changes in wage regulations and minimum wage adjustments mean that employment contracts need to be reviewed to ensure compliance. This includes updating pay rates, overtime policies, and ensuring that all compensations are fair and within the legal requirements, protecting both the employer and the employee from potential disputes. This year’s employment news headlines have been somewhat of a revolving door of many businesses – big and small – facing large penalties for the underpayment of workers. This illustrates not only the gravity of wage compliance, but just how prevalent the issue of non-compliance is. For a summary of recent changes to minimum wage click here. 3. Casual Conversion New legislative changes, about to take effect at the end of this month, will redefine casual employment and made it easier for casual employees to convert to permanent roles after a certain period. Contracts should be revised to inform employees of their rights to request conversion and reflect the new definitions, providing transparency and clarify for the workforce and the business. For a summary of recent changes to casual employment, click here.  4. Mindful Focus The importance of mental health in the workplace has never been more evident, with increasing discussions centred around the importance of employee wellbeing for overall organisational health. Including provisions in employment contracts for mental health support, such as access to counselling services and mental health days, would be a proactive step that demonstrates the organisation’s commitment to employee well-being and can go a long way in helping create a supportive work environment. For more, check out our blog on mental health in the workplace here.  5. Championing Diversity Diversity and inclusion are now at the forefront of workplace culture. Employment contracts should reflect a company’s commitment to these values, perhaps outlining policies on non-discrimination, diversity training, and support for any minority groups – things that can help create a respectful and inclusive workplace for all. 6. Training and Development With the fast-paced evolution of skills required in the workplace, contracts should include provisions for continuous training and development. Offering opportunities for up-skilling and re-skilling ensures employees remain competitive and proficient in their roles, benefiting both the individual and the organisation. Check out our suite of ready to customise training packages that help assist workplaces looking to up-skill their workforce in critical areas of workplace function – such as leadership, communication, navigating conflict and more. 7. Embracing the future of tech With rapid technological advancements, employment contracts need to be proactive and address the use of new tools and platforms. This includes provisions on data privacy, intellectual property rights related to digital creations, and guidelines for the appropriate use of company technology. This can help make sure that employees are equipped and informed to work with AI and other emerging technologies, as well as the risks that come with the advancement of tech. What’s Next To ensure your employment contracts are enforceable, legally sound and have covered all necessary bases, it’s important that they’re well drafted and adequately communicated to your employees. While templates or a ‘copy and paste’ job might seem like the easiest and most efficient method to creating an employment contract, it can leave you open for disputes and difficulties in the long run. To ensure you’ve got everything you need and want in there, we recommend having a third party take helm of drafting employment contracts for you – not only does it ensure peace of mind when you’ve got experts taking charge, but it can also save you a lot of time and effort. Workplace Wizards’ employment law consultants and lawyers have years of experience in reviewing, drafting, and developing comprehensive, legally defensible, employment contracts. We can help ensure that employment contracts are up to date and meet their legal and modern award obligations, and can also make sure that the employment contract reflects the business’s best interests regarding confidentiality, disciplinary procedures, and so on. For a quick, no-obligation consultation about how we can help your business with this matter, call Workplace Wizards today on 03 9087 6949 today or email at support@workplacewizards.com.au. Our team of Melbourne based employment contract lawyers and consultants can answer your queries, explain the particulars of employment contracts, and discuss what actions your business could be taking.

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compliance

Know Your Rights: Understanding Unfair Dismissal Claims for Employees

Navigating the complex landscape of workplace rights in Australia can be daunting. Unfair dismissal is a topic that often comes to the fore, provoking anxiety and confusion among both employers and employees.   So, let’s break it down. In our last blog we looked at navigating unfair dismissal laws from the perspective of an employer, now we turn to consider the other side: navigating unfair dismissals as an employee. What is Unfair Dismissal? Simply put, unfair dismissal happens when an employee is let go from their job in a way that’s considered unfair. Under the Fair Work Act 2009 (Cth) (Fair Work Act), it’s considered unfair if an employer terminates an employee in a way that is harsh, unjust or unreasonable, lacks a valid reason connected to the employee’s performance or conduct, or is not procedurally fair. An individual will be protected from unfair dismissal if they have: completed the minimum period of employment; and six months; or one year, where the employer is defined as a Small Business. earn less than the high-income threshold or fall under a modern award/enterprise agreement concerning their employment (as of July 2024, the high-income threshold is: $175,000) Why does it exist? Unfair dismissal protections are designed to protect employees from wrongful termination, but they also help provide employers with a clear framework for lawful employee dismissal. Employment Status: When determining eligibility for making an unfair dismissal claim, your employment status plays a crucial role. Contractor – contractors generally aren’t covered by unfair dismissal protections, because they are not considered employees. However, there are sometimes situations where you may be working on an independent contract basis BUT are undertaking work or have a relationship with the employer which suggests they are actually an employee. In these cases, you might be eligible to make an unfair dismissal claim. Casual – if you’re a casual employee, you’ll have to prove that there was a continuous period of regular and systemic employment and that there was no intention of the employment relationship ending in the relevant period. In addition to showing regular and systematic employment, the casual employees must also have been employed for at least six months, or twelve months if they were employed by a small business (defined as an employer with fewer than 15 employees).   Not all unfair dismissals involve a direct dismissal either…. Were you fired or forced to step down? Forced resignation, sometimes referred to as ‘constructive dismissal’ occurs when the employee has no real choice but to resign. The employee will need to prove that they did not resign voluntarily and rather were forced by the employer. The FWC will carefully consider whether there was no real choice to resign or if a decision was made on the employee’s own initiative. Not fired but demoted? If an employee is demoted and this demotion involved a significant reduction in duties or remuneration, it may still be considered a ‘dismissal’ even where the employee remains employed in that demoted position. I think I’ve been unfairly dismissed… If you think you’ve been unfairly dismissed, it’s important to act quickly. You typically have just 21 days after being let go to file an unfair dismissal claim with the Fair Work Commission. As an employee, the key to effectively challenging a dismissal lies in knowing your rights and being familiar with the correct procedures. Seeking the advice of an experienced employment lawyer or consultant can provide immense strategic guidance and advocacy, ensuring that your case is presented in the best light and to your advantage. Here’s an example hypothetical scenario that highlights where unfair dismissal claims can get tricky for individuals: You’re an employee whose workload has suddenly doubled. Despite your best efforts, keeping up feels impossible. Your manager hints that you might be happier at another company but hasn’t formally addressed any performance issues. Feeling pressured and unsupported, you resign from your position. After stepping down, you think about claiming unfair dismissal under the grounds of constructive dismissal, arguing that your employer’s actions and then unreasonable increase in workload effectively forced you out. Here’s where it gets complicated: Constructive dismissal cases hinge on proving that an employer’s conduct effectively made continued employment unbearable, pushing you to resign. This situation demands that you show that the employer’s actions (or lack thereof), including the subtle nudge towards resignation and the sudden spike in workload, were both unfair and unreasonable. So when making a claim, here are some of the questions you’ll have to consider: What proof do you have that your workload was unreasonably increased Did you document any formal complaints to your employer about the workload or work conditions? How did your employer respond to your complaints or concerns about the increased workload? Does your employment contract specify your job duties and workload limits? How did your manager suggest you might be happier elsewhere, and was it presented as a threat? How does your workload compare to normal industry standards for your role? Did you attempt any internal resolutions, such as discussing issues with HR? How did the conditions affect your health and well-being? Can you demonstrate that resignation was your only reasonable option due to intolerable conditions? How long after the changes did you resign, and does the timing support your claim? This scenario underscores that the difficulty for employees navigating a potential constructive dismissal claim lies primarily in proving that the employer’s actions were son unreasonable that resignation was the only viable option. Each case depends heavily on the specifics of the situation and the ability to clearly demonstrate unfair treatment under the law. What makes unfair dismissals so complicated? Unfair dismissals are inherently complex due to the multitude of factors involved in each case. Figuring out if a dismissal is unfair involves looking at the reasonableness of the dismissal reason, the processes the employer followed, and whether the employee was given a chance to mend their conduct or performance. Additionally, both parties must wade through the detailed legal frameworks and procedural timelines