Savvy HR

Cyclone Safety and Stand Downs: Managing Worker Safety and Business Obligations During Severe Weather As Cyclone Alfred tracks towards Australia's eastern coastline, employers in the impacted regions face critical decisions not only about safeguarding property and business operations but, most importantly, about protecting their workforce. While families take steps to secure their homes, employers must equally consider whether continuing work during such hazardous conditions is compatible with their duty to provide a safe working environment. In some cases, standing down employees may be not only lawful but necessary to eliminate or minimise the risk of harm during extreme weather events. This article examines how the stand down provisions under the Fair Work Act 2009 (Cth) (FW Act) can assist employers in managing both operational and safety obligations during cyclones, with a focus on worker health and safety. https://lnkd.in/gM83YTTb

Craig McFadden (Managing Director of Savvy HR) joined ABC Radio Brisbane host (Steve Austen) to explore media reports of a recent QIRC decision and a crucial challenge for employers: balancing their duty to ensure a safe workplace, free from threats or psychological harm, with an employee’s right to procedural fairness. Balancing Workplace Safety and Fairness: QIRC Orders Reinstatement After 'Punch On' and Swearing Text Sparks Unfair Dismissal Ruling. When does a heat-of-the-moment comment cross the line from frustration to a sackable offense? A Gladstone Regional Council team leader found himself fired after sending an angry text about his boss — but Queensland’s industrial watchdog ruled his dismissal unfair. The case underscores a crucial challenge for employers: balancing their duty to ensure a safe workplace, free from threats or psychological harm, with an employee’s right to procedural fairness. With findings that highlight missteps in the investigation process, this decision serves as a critical lesson on managing workplace conduct, due process, and proportional disciplinary action. https://lnkd.in/gBuVz2aw

The Rise of AI in Recruitment: Balancing Efficiency, Fairness, and Merit Craig McFadden (Managing Director of Savvy HR) has been a trusted voice on workplace issues, regularly appearing on ABC Radio Brisbane to provide expert insights. His commentary has covered topics such as the Secure Jobs, Better Pay bill, effective consultation during restructures, ‘job washing,’ pay secrecy clauses, and remuneration reviews. Most recently, Craig joined journalist Ellen Fanning on ABC Radio Brisbane to explore the evolving role of AI in recruitment — a conversation that delves into both the opportunities and challenges this technology presents for modern workplaces. The use of AI in recruitment has steadily gained momentum. Tasks that once relied on human judgment—like screening resumes and conducting initial interviews—are increasingly automated. AI-powered tools are helping employers sift through vast amounts of data, identify potential candidates, and streamline hiring processes. For businesses, this means faster decisions, reduced costs, and fewer risks of making the wrong hire. But as with any innovation, AI in recruitment comes with challenges. While it promises efficiency and accuracy, it also raises questions about fairness and whether merit is truly upheld. https://lnkd.in/gaPnTRSX

Understanding Fair Work’s Stance on Drug Testing: Use vs. Impairment and Employer Responsibility. The Full Bench of the Fair Work Commission (FWC) upheld a decision that highlights the boundaries between drug use detection and actual impairment. The decision, stemming from Sydney Trains v Goodsell (2024), reinforces that a positive drug test alone can justify dismissal under the Fair Work Act 2009 (Cth), even if no evidence of impairment exists. However, it also underscored the need for employers to ensure clarity in their policies if they aim to enforce a “zero tolerance” stance effectively and fairly. https://lnkd.in/gefvYBXM

When Home Becomes the Workplace: Employee Compensated for Injury During Coffee Break In an era where remote work has become the norm, the boundaries between home and workplace continue to blur. In a recent case, a council employee injured herself while stepping over a pet fence at home during an authorized coffee break, leading to a successful workers compensation claim. In the ruling of Vercoe v Local Government Association Workers Compensation Scheme [2024], the South Australian Employment Tribunal ruled that, despite the injury occurring in her home, the pet fence was a "workplace hazard" and a significant factor in her injury. This case raises important questions about employer responsibilities in remote work environments. The tribunal had to determine whether the injury occurred in the course of employment, under section 7(5)(b) of the Return to Work Act 2014, and if Vercoe’s employment was a significant contributing factor to her injuries. https://lnkd.in/gfKdsh-g

Inappropriate Insults but No Sexual Misconduct: FWC Decision Highlights the Line Between ‘Harassment’ and ‘Sexual Harassment’. In a recent decision, the Fair Work Commission underscored the importance of distinguishing between different forms of workplace harassment, particularly sexual harassment, which is a specific form of misconduct with clear, distinguishing characteristics. Unlike sexual harassment, harassment in a general sense is not explicitly defined under Australian industrial relations or employment laws but often aligns with the definition of workplace bullying under the Fair Work Act 2009 (Cth). In the case of Ramlan Abdul Samad v Phosphate Resources Ltd, the Commission made a key distinction in defining the misconduct. As Deputy President O’Keeffe highlighted, not all types of harassment meet the criteria for sexual harassment. While Samad’s behaviour was offensive, it did not contain a significant sexual element, leading the Commission to classify it as bullying rather than serious misconduct. These findings demonstrated that, although Samad's actions were inappropriate and damaging to the workplace culture, they did not meet the threshold for immediate dismissal without prior warnings or performance management. This decision emphasizes the need for employers to understand the nuanced distinctions between types of misconduct and ensure that dismissal decisions are based on clear, legally supported definitions. https://lnkd.in/gdDRVN_h

FWC Upholds Dismissal of Intoxicated Worker for Harassment on Work-Related Travel In the case of Evelyn Josey v OS MCAP Pty Ltd, the Fair Work Commission addressed the boundaries between out-of-hours conduct and workplace responsibilities. Ms. Evelyn Josey, a FIFO production technician employed by OS MCAP Pty Ltd (OS MCAP) at their Daunia mine site in Queensland, was dismissed after incidents involving harassment and sexual harassment at an airport lounge and onboard a flight. She argued that her conduct occurred outside work hours in a social setting. However, Commissioner Durham ruled that because the conduct involved colleagues during work-related travel, it was directly connected to her employment. As Durham noted, even out-of-hours conduct can justify dismissal when it damages the employment relationship. https://lnkd.in/gubne6kj

Fair Work’s Take on ‘Acceptable Employment’: How Far Is Too Far for Employee Relocation? This FWC case reinforces the importance of fairness in redundancy processes and provides clear guidance for employers on offering alternative roles. Employers must ensure that roles offered as alternatives to redundancy are objectively reasonable and take into account the employee’s specific circumstances to avoid costly pay-outs. https://lnkd.in/gzmhUUHC

Does Your Business Suffer From These Signs of a Toxic Workplace? “One perennial issue is a toxic workplace. No matter your industry, title, or location, few things are as morale-sapping and performance-killing as a manager who makes things worse”. If you've seen high staff turnover in the last year or two, you might need a ‘detox’ for your company culture. Unlike a spa treatment, this detox will last a lot longer than an afternoon. And it probably won’t come with slices of cucumber. We have previously posted about the need to safeguard psychological health in the workplace And in this article, Ron Carucci sets out the signs of a toxic Workplace.

Rushed Investigation Exposes Flaws in Mine Technician’s Unfair Dismissal: FWC Criticizes BHP’s Procedural Failures In a recent ruling, the Fair Work Commission (FWC) found that a long-serving BHP Coal technician, despite engaging in inappropriate behaviour amounting to sexual harassment, was unfairly dismissed due to a flawed investigative process and a lack of procedural fairness. This case, which unfolded at the Blackwater Mine in Queensland’s Bowen Basin, underscores the importance of conducting thorough, independent investigations while adapting to evolving workplace standards. https://lnkd.in/gzhUcUTq