Email usage policy

HR Policies

Long-Term Illness

It can be challenging when one of your employees has a long-term illness. You have to balance your concern for their health with the needs of your business. If you don’t want to expose your business to the risk of a claim, you can neither terminate their employment due to their long-term illness, nor can you treat them less favourably because of their illness. What is considered long-term sickness? The definition of long-term sickness can vary from employer to employer. Under the Fair Work Act, an employee is protected from dismissal, when on a temporary leave of absence due to illness or injury, for up to three consecutive months or three months over the last twelve months. An employer may be on sick leave as long as the employer allows it. An employee has a right to request absence from work due to illness and injury, but an employer can ask the employee to provide reasonable evidence to support their request and to pay any entitlements. Once the employee has no more paid sick leave left they can be on unpaid sick leave. Things to remember When an employee runs out of paid sick leave and is still unfit for work, they can take unpaid leave in the form of extended sick leave. If they are absent due to illness for at least three months either consecutively or over the last year, or longer if they have lodged a workers’ compensation claim, they may not be protected from dismissal if they are on unpaid leave at the time. Even so ending the employee’s employment may still not be lawful if no procedurally fair process is followed. Employers are advised to tread with extreme caution with respect to actions they take, including termination of employment, in these circumstances. One safeguard is to have an absence policy. Always treat employees on sick leave in a fair and reasonable way and avoid medical discrimination in the workplace. Creating a Long Term Sickness Policy Keep your employees informed when it comes to long-term sickness with a long term sickness absence policy in your employee handbook. The policy should set out the expectations and procedures for employees, employers and management to follow in case of absence due to sickness. Some of the key information to include is: What is classified as a long-term illness? What reasonable evidence do employees need to provide? How much sick leave are employees entitled to receive? Can they use holiday or annual leave entitlements if they run out of paid sick leave? What is the process for returning to work? Make sure your employees read and understand the long term sickness policy and have them sign off on it to confirm they have understood. Causes of Long-Term Sickness Absence A long term sickness absence can be caused by a range of diseases or conditions, or due to a long recovery from an injury. A long term sickness can be either physical or mental. Some causes of a long term absence due to sickness include: Cancer treatment Recovery from surgical procedures Recovery from joint, ligament, tendon or muscle injury Mental stress or mental illness Serious infection or disease Long-Term Absence Due to a Disability Be careful how you manage an employee who is absent for a long period of time due to a disability. Section 351 of the Fair Work Act states that you must not take adverse action against an employee (e.g. by terminating their employment) because of a physical or mental disability. There are circumstances where may be unreasonable for an employee with a disability to return to work at your workplace. For instance, if the disability: Prevents the employee from being able to fulfil the inherent requirements of their position Poses a health and safety risk to the employee and other staff, clients, and customers. When an employee with a disability is not able to perform their current role, you must consider any reasonable adjustments that could be made to allow the employee to return to work. You could try to modify or reduce the number of tasks the employee performs in their current role. Or you could offer suitable alternative employment within the company with a role that better fits the employee’s needs. Alternatively, you could negotiate with the employee to set up a flexible working arrangement (e.g. reduce work hours due to ill health), so they can return to work. Any suggestions made by the employee should be considered in depth. Where an employee is not able to perform the inherent requirements of the role, even with reasonable adjustments, there may be a valid reason for a capability dismissal and a defence against a claim. Flexible Working Arrangements Employees who have worked for the same employer for more than 12 months can request a flexible working arrangement to return to work if they have a disability. Requests for a flexible working arrangement must be in writing and clearly explain what kind of changes they are asking for, and the reason for these changes. Depending on the specific needs of the employee they can request to change their: Work hours (e.g. reduce work hours due to ill health) Patterns of work (e.g. split shifts or job sharing) Location of work (e.g. transfer to a closer branch or work from home) The employer should meet with the employee to discuss the request in further detail. Keep in mind you should not simply outright refuse a request for a flexible working arrangement. You should discuss the options and to try to agree on any changes to the employee’s working conditions. You should consider: The needs of the employee Consequences for the employee if changes in working arrangements aren’t made Any reasonable business grounds for refusing the employee’s request. You must respond to a request for a flexible working arrangement in writing within 21 days which states whether you accept or refuse. As an employer you have a right to refuse a request for a flexible working arrangement only on reasonable business grounds. You should set out the reasons for refusal in writing and you should consider and offer any available alternative working arrangements when responding to the request. Dismissing an Employee with a Long-Term Illness or Injury While an inability to perform the inherent requirements of a role may generally provide a valid reason for a capability dismissal, dismissing an employee on the grounds of their capability is risky and a fair and reasonable process must be carried out. Employees are protected from dismissal on the grounds of illness, injury or disability through a number of overriding pieces of legislation, including the Fair Work Act 2009 (the Act), state and federal discrimination legislation, and state and territory workers compensation legislation. Under the Act, employers are prohibited from dismissing an employee due to a temporary absence from work due to a personal illness or injury. An absence is no longer temporary where: The total length of absence due to illness is more than three consecutive months The total length of absence is a total of more than three months over a 12-month period The employee is not on paid personal leave at the time of termination The above indicates that if an employee continues to receive paid personal leave they will be protected from termination. Whereas an employee whose absence is made up of a combination of paid personal leave and other entitlements (such as annual and unpaid leave) will however not be protected. You should consider reasonable adjustments that could be made to allow the employee to return to work before contemplating dismissal. If no reasonable adjustments are available, you may have reasonable grounds to commence the capability dismissal procedure and give the employee their notice of dismissal and final pay. The Act also provides that an employer must not take adverse action against an employee due to the person’s disability. Anti-discrimination and disability discrimination legislation also make it unlawful for employers to discriminate against an employee on the ground of the employee’s disability. This includes circumstances where an employee is terminated. In addition, state and territory workers compensation legislation can also prohibit employers from dismissing an employee within a specific period of time from when an employee incurs a workplace injury. Get HR support Need help with implementing sickness and absence policies? Peninsula provides tailored HR policies and processes for your business and employees. Call us on 1300756532 to learn how we can help you.

HR Policies

Code of Conduct Policy Template

A comprehensive Code of Conduct (CoC) is a critical component in establishing your company's ethical framework. It sets out the expectations for employee behaviour and reflects your organisation's values and commitment to ethical practices. This guide focuses on the steps to create an effective Code of Conduct, including essential policy elements and illustrative examples. What is a Code of Conduct?  An employee Code of Conduct outlines the policies, procedures and ethical standards that govern decisions and actions within a company. It serves as a blueprint for employees, guiding them in their daily interactions and decision-making processes. A specific code can address unique challenges and compliance requirements for employees in sectors like IT, where confidentiality, security, and integrity are paramount. Why is a Code of Conduct Policy Important for Your Business? Compliance: Australia's Fair Work Act 2009 outlines the minimum workplace standards. A CoC complements these regulations by establishing your company's specific values and ethical expectations. Employee engagement: A clear Code of Conduct policy template enables employees to understand their rights and responsibilities, creating a sense of ownership and engagement within the organisation. Risk management: A Code of Conduct acts as a risk management tool, mitigating potential legal liability and reputational issues arising from unethical conduct. Brand reputation: Upholding ethical standards strengthens your brand image, attracting and retaining talent while enhancing trust with customers and partners. How to Create a Code of Conduct Policy  Step 1: Define your core company values Begin by identifying your core company values. These values are the foundation of your Code of Conduct and should reflect the principles you want to guide your employees' actions. Example: If integrity, respect, and teamwork are among your core values, your Code of Conduct should include policies that promote honesty in all dealings, respect for colleagues and clients, and collaboration. Step 2: Outline key policy areas Your employee Code of Conduct should cover key areas relevant to your business operations and industry. Common policy areas include: Regulatory compliance and legal obligations: Emphasise adherence to state and federal laws and regulations. Workplace behaviour: Address harassment, discrimination, diversity and inclusion. Conflicts of interest: Provide guidance on identifying and managing potential conflicts. Confidentiality: Outline expectations for handling sensitive information. Use of company assets: Set rules for the appropriate use of company resources. Health and safety: Highlight the importance of maintaining a safe work environment. Step 3: Seek employee input Involve employees in the development process by conducting surveys, focus groups, or workshops to gather feedback and ensure the CoC reflects their concerns and aspirations. Step 4: Develop specific policies For each key area, develop specific policies that detail the expected behaviours and actions. Use clear, concise language to ensure understanding across all levels of your organisation. Example: Under Workplace Behaviour, you must define acceptable and unacceptable behaviour. You might include a policy like, "Our company is committed to creating a work environment free from harassment and discrimination. All employees are expected to treat others with respect and professionalism." Step 5: Incorporate real-world scenarios Use examples to illustrate how your company's code applies in real-world scenarios. This can help employees understand the practical implications of the Code of Conduct. Example: For the Confidentiality policy, you could describe a scenario where an employee is approached by an external party asking for sensitive information and explain the correct course of action. Step 6: Detail reporting procedures Clearly outline the procedures for reporting ethical concerns or violations of the employee Code of Conduct policy. Emphasise the company's commitment to non-retaliation for those who report in good faith. Example: "If you witness a violation of our Code of Conduct, please report it to your manager or our ethics hotline. All reports will be treated confidentially, and you will be protected from retaliation." Step 7: Implement your Code of Conduct Communication and training: Once developed, the code should be communicated effectively to all employees, with regular training sessions to ensure understanding and compliance. Review and update: The employee Code of Conduct policy should be a living document, periodically reviewed and updated to reflect changes in Australian employment laws, industry standards, and company policies. Leadership example: Leadership should exemplify the standards set out in the code, demonstrating commitment to the company’s ethical framework. This code of conduct policy delineates the conduct expectations for our employees, underscoring the importance of ethical behaviour, a respectful work environment, and a collaborative work culture. It aims to cultivate an environment where open communication and freedom of expression are valued and where every employee contributes to a respectful, well-organised and efficient workplace. Code of Conduct Policy Template This Code of Conduct policy applies universally across our organisation, encompassing all company employees, irrespective of their role, contract type or seniority level. Key Principles of Conduct Legal and Ethical Standards Compliance: We expect team members to uphold the integrity of our operations by adhering to all applicable laws, regulations, and ethical standards, ensuring responsible management of financial activities, partnerships and company representation. Workplace Respect and Equality: We are committed to an environment free from discrimination, harassment, or any form of victimisation. Our policies support equal opportunities and fair treatment in all employment aspects, fostering respect and dignity. Stewardship of Resources: We expect employees to use all forms of company property responsibly. Misuse of company equipment, violation of copyright laws, or damage to company property is strictly prohibited. Professional Conduct Expectations Dedication and Commitment: Demonstrate a strong work ethic by fulfilling job duties, regularly meeting deadlines, striving for excellence, taking initiative and following team leaders' instructions. Dress and Appearance: Employees should adhere to our dress code, maintaining a professional appearance at all times. Anti-corruption Measures: Gifts from clients or partners are discouraged to prevent conflicts of interest; bribery is absolutely prohibited. Fulfilment of Responsibilities: All employees are to perform their duties with honesty and respect. Leadership roles come with the expectation of fair and just delegation of tasks. Punctuality and Attendance: Regular attendance and timeliness are expected, helping to generate reliability and trustworthiness within our teams. Ethics in Action Conflict of Interest Avoidance: Employees must not engage in activities that could conflict with their professional responsibilities or the company's interests. Teamwork and Collaboration: Cultivating a supportive and friendly workplace is essential for productivity and morale. Effective Communication: Openness and clarity in all communications are vital for teamwork and operational efficiency. Responsible Use of Benefits: Company-provided benefits should be utilised judiciously and as intended. Upholding Our Standards Adherence to Policies: We expect employees to understand and comply with our organisational policies, seeking guidance from management or HR as needed. Consequences of Misconduct: Failure to adhere to these guidelines may result in disciplinary actions, tailored to the severity of the breach, including but not limited to reprimand, suspension, or even employment termination. Commitment to Integrity: Our collective commitment to these principles is fundamental to building a workplace that is not only productive and efficient but also ethical and respectful. By living up to these standards, we ensure our company's reputation for excellence and integrity remains untarnished. Embrace Our Ethical Culture: We invite all employees to embrace this guide as a framework for professional behaviour and ethical conduct. For support in navigating these standards or to discuss any concerns, please reach out to your manager or our HR department. Let’s work together to maintain a workplace that everyone is proud to be a part of, marked by mutual respect, ethical integrity, and professional excellence. Embarking on the Journey Towards Ethical Excellence Creating a Code of Conduct policy is an integral part of fostering an ethical workplace. By defining clear policies, illustrating them with examples, and ensuring they are understood and embraced by your team, you lay the groundwork for a culture of integrity and respect. Remember, a Code of Conduct is a living document that should evolve as your company grows and changes. Contact Peninsula today for free initial advice about employment relations, laws and regulations and WHS support.

HR Policies

Exit interviews

As an employer you will see your fair share of employees come and go during the course of your career. When an employee does voluntarily part ways, you may have the chance to conduct an exit interview and gain valuable feedback from the departing employee in regards to your company. By learning about what your soon-to-be-former-employees did and did not like about working at your company, this insight can help guide your business in the right direction and improve retention rates and job satisfaction. Of course, things can go sour if neither you nor the departing employee are prepared for the exit interview. Find out how to ask the right questions and ensure the exit interview process is beneficial for you and your employees. What is an exit interview? An exit interview is basically a formal meeting between the departing employee and either an HR person or their manager. It is an essential part of the offboarding process. Why conduct exit interviews? There are many reasons why it is a good idea to conduct an exit interview. These benefits extend to not just the company, but also the employee who may want to get things off their chest and seek closure before they proceed to the next phase of their career. Keep in mind that exit interviews are completely voluntary. If a departing employee does not feel comfortable with the idea, there should be no repercussions if they decide to refuse. Below are some of the most common reasons to conduct an employee exit interview: Find out why the employee is leaving Learn what the company is doing well, and where it needs to improve Update the job title and description if they no longer match the role itself Give the employee a chance to express their dissatisfaction with certain areas of the business, or alert employers to illegal activity in the business Make improvements to existing workplace policies and procedures The basics of exit interviews Most exit interviews are conducted in the privacy of an office or spare room. Generally they are one-on-one discussions between the leaving employee and employer or a HR staff member. For the purpose of privacy, if HR conducts the interview they may collect results from multiple exit interviews and share the feedback anonymously with the employer. Unlike a job interview, the employee in question is not competing with other candidates or being investigated for misconduct, so you don’t need to follow a formal structure or checklist. By keeping the process casual and relaxed, this will help the employee feel at ease and be more willing to provide honest feedback. The best time to schedule an exit interiew is during the employee's last week. Do not schedule it for the last day as the employee might have other things on their mind and would be distracted. The exit interview process Have the employee exit interview take place in a quiet and comfortable room that is free of distractions. Start the session with some casual dialogue to help the employee feel relaxed and eager to chat. Avoid jumping straight into the questions. If you do, the employee may feel like they are being interrogated and immediately put their guard up. Keep in mind some employees may be unwilling to answer the questions truthfully, particularly if they are concerned about burning bridges or compromising their chances of future employment elsewhere. Gently remind the employee there will be no consequences for giving honest answers in the exit interview, and the information will be used to improve the quality of the business. Depending on your personal preference, you can give the departing employee an exit interview form to fill out, which contains multiple choice and short answer questions to complete. This can be used to complement the face-to-face meeting or serve as the entire exit interview itself. Questions to ask in an exit interview The exit interview is your last chance to have a meaningful discussion with a departing employee. For this reason, you want to ask the right questions and end the employment relationship on a positive note. Think about the kind of questions you want to ask and the outcomes you want to achieve as a result. Stick to asking questions that relate to the circumstances of the person’s employment, their role in the company, and their personal opinion of the experience as a whole. Overall, the questions you ask should lead to answers that can be acted upon to improve certain aspects of the business. Below is a template of exit interview questions you can ask. These only serve as a template so feel free to add, remove, or modify these questions to suit the needs of your business. What circumstances led you to leave your current position? How would you describe the working relationship with your colleagues, management and employer? Did you feel you were adequately trained, equipped, and prepared to effectively perform the duties of your role? Do you feel that your job title or job description changed during the course of your employment? If so, in what way has it changed? What were your favourite parts of working at this job? What areas of this company do you think could be improved? Is there anything you would change about this job? Were there any company policies or procedures that you disagreed with, or felt they could be improved? If so, how? Do you have any concerns of illegal or unethical activity in this company? Is there anything else you would like to add? Optimise the employee lifecycle Peninsula provides end-to-end HR support for businesses, from recruitment to onboarding, performance management, and even termination or dismissal. Get access to customised documents, policies, and contracts suitable for your business needs. Call us on 1300697028 to learn how we can help your business.

HR Policies

Workplace investigations

Australian workplaces involve a complex system of policies and procedures to keep them running fairly. Aussie business owners and employers have a positive duty on businesses to eliminate unlawful behaviour relating to unlawful conduct (or sexual conduct) in the workplace. In such situations, Aussie employers and HR practitioners can ensure workplace complaints and investigations are handled appropriately and avoid potential reputational damage. Workplace investigations are a key aspect of maintaining safety and fairness in your company. In this best practice guide for employers, we explain what workplace investigations are, planning for a workplace investigation, conducting a workplace investigation, and ways Peninsula can help you. Please note that the information below is general and does not constitute as advice. If you need help with workplace investigations, consult an employment relations professional. Workplace investigation A workplace investigation is an internal review of specific incidents, allegations, and concerns within an organisation. Workplace investigations are about establishing what happened in an impartial manner and ultimately leads to resolution to whatever has happened. Usually, a HR manager or supervisor will conduct the workplace investigation. There is an established, company-wide process that is written in the employee handbook and communicated to all employees via an intranet. Things to remember Workplace investigations are tricky and intense, but they are also important. They help manage and resolve sensitive workplace issues such as misconduct, grievances, harassment, and whistleblowing. Workplace investigations help reduce the potential risk of legal claims under employment laws. Things to remember before conducting a workplace investigation Before starting a workplace investigation, it is essential to review and adhere to organisational policies, industrial agreements and employment contracts. Check whether there are specific procedures to be followed in workplace investigations, grievance management, performance management, discrimination, and harassment. If you do not have policies applicable to misconduct or investigations, use this as an opportunity to develop them. The choice between formal and informal investigation procedures will depend on the investigation, its complexity, the allegation, and the number of employees involved. The person in charge of the investigation must have the appropriate skills and experience to do so. Depending on the allegations and circumstances, you will have to decide whether to use an internal investigator or external investigator. It is generally recommended that the employee know about the allegations before the investigation. You also need to give them time to prepare and gather supporting evidence. You should also remember that the investigator needs to have certain characteristics. For example, would the complainant or witnesses be more comfortable talking to someone of their gender or cultural background? Is there a need for the investigation to be legally privileged? Do you always need a workplace investigation? Investigations are usually an escalation of workplace issue that harm employee morale and cause distress to everyone. They are labour and time intensive for HR and management. Before you even begin a workplace investigation, it is crucial to step back and reassess if a formal or informal investigation is needed or there are alternative ways to solve the matter. Some incidents that are straightforward and can be handled with other policies or procedures do not necessarily need a workplace investigation. However, if there are serious allegations, multiple employees, and the potential consequences are significant then a formal investigation is required. Workplace investigation process The idea of a well conducted investigation is to gather and assess all the facts. For example, when an employee has a grievance or disciplinary matter, an investigation is crucial to the process of deciding whether to take them to a formal hearing. The steps in a workplace investigation are as follows: The employee should know about the investigation in advance and receive time to prepare and gather evidence. Anyone who has relevant information or material to the matter being investigated should be interviewed. For witnesses, if the employee respondent mentions someone as a witness to a particular incident, or asks for a particular person to be interviewed, serious consideration should be given to interviewing them. External individuals should also be interviewed (ex-employees, customers etc) if they are witnesses to particular incidents. Offer the employee a support person where practicable, especially where the situation may cause stress to the employee. If your employee does not cooperate or comply, you can warn them that uncooperative behaviour can result in disciplinary action. You should also remind them about their obligations. After the investigation You have to follow the correct procedure during the investigation or the employee could go on to make a claim of unfair dismissal. The Fair Work Commission would expect you to show your investigation into a grievance or complaint was careful and fair before you decided to take formal disciplinary action. You should subject your investigator’s report to a thorough review before accepting or disagreeing with the findings. A second opinion or legal advice should also be considered if you disagree with the investigator’s report. Before making any decision, you have a serious responsibility to consider all facts and findings. Create fair workplaces with Peninsula Conducting a proper investigation into workplace accidents can help you later if you receive a workers compensation claim. If you always keep good records, it will be easier for you to defend any claim. Peninsula can assist you in conducting workplace investigations or understand the formal disciplinary process. This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

HR Policies

Mediation

Australian employers and business owners have several responsibilities they need to stay on top of. Among those responsibilities is managing their staff and solving disputes peacefully when they arise. Sometimes these disputes may need external help or support and that’s where mediation comes in. Are you aware of the mediation process in Australia? In this best practice guide for employers, we outline mediation, the mediation process, preparing for mediation, and other key things employers should remember. Please note that the information below is general and is not intended to act as advice. If you need help with resolving disputes, consult a professional. Mediation Disputes and complaints can’t happen at any workplace. Often disputes can be settled quickly and informally. However, if people can’t agree on a way forward or if the dispute is about a serious approach, you might need mediation. You can get external help to solve disputes between you and your employee. Mediation is when an independent person, known as a mediator, helps two or more parties resolve a workplace dispute in a semi-formal and confidential environment. Mediation offers a negotiation process that can help both parties find flexible and creative solutions to workplace problems. This can prevent the breakdown of an employment relationship and offer a cost-effective alternative to the formal proceedings of an employment court. Mediation is normally used to resolve between an employer and employee, although sometimes mediation is used to settle disagreements involving only employees.  Key things to remember for employers Mediation is a voluntary process in Australia. However, participation in mediation is seen as an important part of acting in good faith during an employment relationship. Mediators don’t take sides, give advice, or decide who’s right or wrong. Mediation in the workplace is not about identifying fault. Mediation is an informal process. All information that goes into mediation is informal. There are other ways of dispute resolution- conciliation and arbitration. In some cases, dispute resolution procedures laid out in an employment contract or enterprise agreement may require the two parties to mediate. Preparing for mediation Before mediation, you should organise your thoughts about what the problem is, how it happened, and what for you would be an acceptable resolution to the dispute. It’s also useful to think about the other party’s point of view, including what they think the problem is, how they might perceive what has happened, and what they might consider to be a good solution. Mediation process  There is no set procedure that a mediation will follow, with the process differing from business to business. However, there are certain actions and activities that mediation will normally involve. These include:   Early assistance This may be through email and telephone conversations. A mediator will see if there’s a way of resolving the dispute promptly without needing a meeting. Meeting This is when parties meet with a mediator in a semi-formal environment, discuss the problem and explore possible solutions. Giving the mediator powers If both parties agree, you can give the mediator the power to make a written recommendation or binding decision. Ideally, this should act as a mutually acceptable settlement. Record of settlement If both parties agree to a dispute resolution, it will be written down in a record of settlement. This is a legally binding document. Once a record of settlement is signed by both parties and a mediator from the Employment Mediation Services, you may not take a case to the Fair Work Commission or an employment court if it relates to the same issue. Independent mediator An independent mediator is not on the side of either party. For this reason, mediators are not normally the managers or direct colleagues of the parties involved. Mediators are committed to a fair mediation process and helping parties to resolve the problem. They must withdraw from any case if they think they might have a conflict of interests. A mediator’s role is to: Encourage both parties to speak openly and identify the real issues. Identify common interests and points of agreement between the two parties. Help people find a way through their problem that may not seem immediately apparent. Explore settlement options and encourage both parties to negotiate. Find creative solutions that allows both parties to put the issues behind them. Provide an assessment of the risks if the problem is not resolved and proceeds further. A mediator may also participate in workplace training activities, team events and staff mentoring. In Australia, there are no compulsory qualifications that a mediator needs to have, meaning they often come from a variety of professional backgrounds. However, to be an effective mediator it’s vital to possess certain key skills and knowledge, including:  Extensive training in resolving workplace conflict. An in-depth knowledge of employment law.  A detailed understanding of current workplace trends.  Excellent interpersonal and communication skills.  Mediation services Some community organisations and private dispute resolution providers offer free or low-cost mediation services. In certain circumstances the Fair Work Commission may be able to assist through an informal mediation process. Arbitration In some cases, both parties can agree to arbitration. This gives the mediator the powers of an arbitrator, allowing them to listen to each party’s opinion about what has happened and then make a final decision about how to resolve a dispute that’s binding for everyone. Representing yourself It is common for people to represent themselves throughout a mediation process. If you feel confident to do so, you can arrange mediation and prepare to make your own case at a mediation meeting. It is advisable to ‘stick to the facts’, remain objective and not let your emotions get the better of you.   You don’t need any technical knowledge to represent yourself in a mediation meeting, but you do need to listen carefully, respond clearly, and be open-minded about the different possibilities for resolving a dispute.  If you’re uncomfortable with representing yourself, you can use a representative or advisor. This can be a friend, a union representative, or a professional advisor (such as an employment advocate or lawyer).  Professional advisors can be costly, but will offer a comprehensive service throughout mediation by:   Gathering documentation outlining the facts.  Referencing relevant aspects of employment law.  Deciding what you’re going to say at mediation.  Expressing your views at the meeting.   Negotiating a solution for the record of settlement. As well as a representative or advisor, people involved in mediation are legally entitled to bring a designated support person. A support person does not usually actively participate in the mediation. Instead, their role is to offer emotional support.  Dispute resolution If an agreement is reached, the mediator records this and both parties sign it, at which point the dispute resolution within the agreement becomes legally binding. Both parties should get a copy of the signed agreement to keep. If the other party does not keep to the decision imposed in the agreement, you can go to the Commission or an employment court for enforcement. What happens if an agreement cannot be reached? If both parties cannot agree on a dispute resolution, the mediator will discuss what the next steps might be: You might all agree to an adjournment (setting up another meeting at a later date). You could agree to give the mediator the power of an arbitrator, allowing them to make a recommendation for dispute resolution. If both parties agree to the recommendation, it will be legally binding. If all else fails, you may choose to raise a case with the Fair Work Commision. Confidentiality  It’s important to understand that all information that goes into mediation is confidential, including any documents referred to in meetings and the record of settlement.   This means information must not be shared with anyone outside of the mediation process. Because of this, what happens in mediation cannot be used as evidence in an employment court. However, in many escalated cases the parties will agree to waive the confidentiality.  Create fairer workplaces with Peninsula Being a business owner in Australia is challenging as you have many things to manage and look after. With Peninsula’s tailored services and advice, you can unlock resources that deal with all matters related to employment relations and workplace health and safety. For assistance with dispute resolution in your workplace, you can call Peninsula 24/7 for free initial advice. This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

Email usage in the workplace

Drafting an email usage policy

Disciplinary action for improper email usage

Implement effective policies with Peninsula

Have a question?

Related Guide Articles

Long-Term Illness

Code of Conduct Policy Template

Exit interviews

Workplace investigations

Mediation

Related Guide Articles

Long-Term Illness

Code of Conduct Policy Template

Exit interviews

Do you have any questions regarding HR Policies?