Workplace investigations| Peninsula AU

HR Policies

Email usage policy

While email has been around for years, it is still a mode of communication that involves a lot of overseeing and supervision. It’s tricky nature and lack of tone can make it an easy way for things to get lost in translation. It is hard to imagine running a business without email because it is such a convenient, flexible and immediate tool. But the fact it is so easy to send an email can result in misuse or abuse. A carelessly phrased email forwarded to lots of recipients can quickly damage your reputation or break confidentiality, even when unintended. In this best practice guide for employers, we explain email usage within the workplace and recommend a standard email usage policy that you can implement immediately. Please note that the information is general and does not constitute advice. If you need help with policies, consult an employment relations professional. Email usage in the workplace There are many risks involved with email usage. Having a company wide policy for email usage and communication can protect you and your employees from potential risks. Your employees may send emails without considering the risks of confidentiality or even security. Without a clear written and established company policy, you cannot manage security and safeguard your business. As an employer, you are liable for the acts and omissions of your employees. Drafting an email usage policy When you draft your email policy, it should keep certain factors in mind: Decide the extent to which employees can use the Internet and email for personal purposes. You should set out the consequences for not following the policy, including disciplinary action and summary dismissal. The use of email and internet should be consistent with employee responsibilities and should comply with all other rules and procedures. Avoid permitting activities which might be illegal, offensive, or likely to have negative repercussions. Depending on the business you are in, a higher level of security could be useful on the email. The email usage policy should also mention styles of communication for outside work hours or outside working days. General email usage policy requirements The policy should be made available to all staff and stored in the company internal communication network, where it can be accessed anytime. Be very clear and explicit as to what is considered forbidden. Clearly set out what information gets recorded, logged, and who has access to the information. Mention why the improper use of email can be risky and that it may pose a threat to system security and the legal liability of the organisation. Outline in plain language how the company will monitor staff compliance with company rules on acceptable use of email and browsing. The policy should be regularly reviewed in accordance with the development of the internet and information technology. Monitoring email usage There are currently no laws prescribing the prohibition of monitoring an employee’s emails or Internet usage. However, there is controversy about the grey area of ‘telecommunications’ and if it includes emails and internet. While many companies monitor email usage, the key is it to do with caution and respect: Be open about monitoring the communication channels. Your employees have a right to know that their email and internet use is monitoring. Limit personal use and set restrictions clearly. Do not intrude on the privacy of the employee and provide a mechanism for employees to delete email from the system. Any personal information that is found that concerns employees must be used fairly. Establish a business purpose for monitoring (working time is used productively or checking if they have logged in). Do not monitor websites, viewed content unless the business purpose cannot be achieved by recording time spent on the Internet. Monitoring should be limited to an automated process. You should not monitor the content of the emails unless the traffic record alone is not sufficient. If you are using the results of the monitoring, give the employee an opportunity to explain the results. Disciplinary action for improper email usage An employer may dismiss an employee for improper email usage or misuse of workplace internet resources provided the employer: Clearly demonstrates the use was an unauthorised use as defined by the email usage policy or electronic communications policy. Investigates the employee in accordance with any workplace disciplinary policy and workplace relations law. Gives the employee an opportunity to respond to the allegations. Implement effective policies with Peninsula The changing world of telecommunications means it can be tricky to ensure the safety of your employees and your business. Having clear and established policies can make a world of difference for your business. We understand small businesses may not always have the resources to create and implement effective policies for employment relations and workplace health and safety. At Peninsula, our goal is to provide tailored services and support that meet your needs as a business owner. Peninsula advisers can help you build and establish clear and sturdy email usage policies. For peace of mind, call our  advice line. 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

Dispute Resolution

A workplace dispute is when a conflict emerges in the workplace between employees, managers, and customers. While most conflicts are one-time occurrences that resolve themselves, intervention is vital if the matter is ongoing or escalates. It is an employer’s responsibility to have a clear, written procedure in place for airing grievances and resolving workplace disputes – ensuring the process is fair and the matter is resolved peacefully. All modern awards and some enterprise agreements have their own model dispute resolution clause. However, this clause is only relevant for disputes concerning the National Employment Standards and award conditions. Types of workplace conflict Disputes in the workplace come in all forms. Some disputes occur due to a simple misunderstanding or disagreement. While other disputes can arise from a much deeper underlying issue, such as a conflict in personality, political views, religious beliefs, and more. If left unresolved, these conflicts can escalate to more serious matters in the form of bullying, harassment, and violent behaviour. What is the most common conflict situation? Below are some of the common forms of workplace conflict: Clash in personality Most personality clashes are the result of a clash in perception toward a person’s character, motives, or behaviour. Being able to accept differences in the way people act and behave – as long as it is within reason – is a great way to diffuse such disputes. Leadership style Some people may confuse a style of leadership with bullying or harassment. Unless the behaviour is clearly unreasonable (i.e. a manager is acting aggressively towards an employee), it is worth taking a step back to review the matter objectively. The person’s style of leadership may just be more direct than what the employee is used to. However, managers should also be cautious as overly aggressive and belittling management styles can be the cause of workplace bullying claims. Political, cultural, and religious views Some of the most serious workplace disputes come up when there is a disagreement on politics, religion, and faith. This is fuelled by strong views surrounding these topics which would elicit responses of anger, resentment, or even violence when the notions are challenged. Pay dispute This is especially so when it comes to underpayment of wages, penalty rates, non-payment of annual leave, wages in lieu of notice, and redundancy. If a payroll error has occurred, it is the employer responsibility to resolve the issue and pay the owed amount. Otherwise, the employee may take the matter further. How do you resolve a workplace dispute? Ideally, the best way to manage a dispute in the workplace is to prevent it from happening at all. Of course, this is not always possible or realistic. Therefore, employers need to have an effective conflict resolution system in-place that allows them to manage disputes in a fair and consistent manner. Four steps to follow in resolving a conflict Here are some useful steps that employers can follow in a model dispute resolution clause: 1. Listen to both sides of the story Collect spoken and/or written testimonials from all parties involved in the dispute. If desired, arrange a face-to-face meeting with each person in a safe, quiet environment, where they can express themselves without fear of retribution. Employers may also collect testimonials from people who were present during the dispute to gain an outsider perspective. 2. Work together with both parties involved Encourage both parties to come together, be open about their differences, and come to a mutual agreement to move forward. This can be done in either a formal or informal manner. In some cases, a single group meeting may suffice, while in other cases a mediation session may need to be arranged with a licensed counsellor. 3. Watch out for harassment Employers need to keep a discerning eye for harassment. If harassment is suspected, they should respond accordingly. Follow the disciplinary procedure set out in the company handbook for guidance. There needs to be a clear distinction between regular conduct and serious misconduct. 4. Work to build a united team Team building days or activities are a great way to promote a feeling of unity within the team. It provides team members with an opportunity to interact with one another outside of normal daily routine. As a result, they get to learn more about each other and their unique personalities and traits. Build better businesses with Peninsula Unlock tailored documents, policies, and resilient HR processes with Peninsula. Our comprehensive service offering includes software, advice, resources, contracts, and agreements that provide you complete protection. Call us on 1300761935 to learn more.

HR Policies

Code of Conduct

Every company conducts its business in different ways. From the way employees act to dealing with customers and delivering products or services. Establishing a code of conduct helps employees understand what kind of behaviour is expected from them and how the company wants to do business on a daily basis. As the bedrock of future management action, it is important to have a well-drafted code of conduct, and employees who understand their expectations and obligations. A clear and transparent code of conduct helps to avoid confusion in staff expectations and prevents inappropriate behaviour. It also promotes a positive ethical culture where staff are treated equally and with respect. Drafting a Code of Conduct Writing a code of conduct can be tricky and may require numerous revisions until it satisfies everyone. For this reason, the process should be collaborative and involve feedback from staff at every level including department heads, management, HR and other relevant team members. No two businesses are the same. Each code of conduct must be tailored to suit the individual needs of the business and their unique environments. By taking into consideration the different aspects of the business, the code will be easier to implement and manage over the long term. Examples of good policies in a code of conduct are: What behaviour is and is not acceptable in the workplace How to treat staff, management and customers with equal respect Examples of good ethics and values to uphold The importance of good behaviour and the effect it has on the work environment Making good use of judgement in different situations How to comply with relevant industry legislation Clear examples of misconduct and serious misconduct and the consequence of such actions Before committing to the final draft, get honest feedback from all staff. Consider their feedback when drafting and revising the code. Finally, ensure the guidelines are consistent with other rules and policies in the workplace. Implementing the Code of Conduct in the workplace Writing a code of conduct is not enough. Implementing the code means effectively communicating the guidelines to staff and reinforcing the behaviours by ensuring that management leads by example. Management needs to uphold the same values and ethics too. There are many ways to communicate the code to staff, however be mindful of language barriers and the availability of information as an obstacle to effective implementation. Selecting the right channels to get the message across is important. The most effective ways to communicate and implement the code are: Induction Training: For new employers and employees. The induction may also include work health and safety guidelines, training manuals, mission statements and other relevant information. One-on-One Training: Delivered to new and existing employees by the owner, management, a HR staff member or supervisor. Employee Handbook: Freely available in the workplace and break room for staff to read and refresh their knowledge. Company Intranets: Housing the code of conduct in a central place on your company intranet ensures office-based staff can access it at all times. Online Training: Available to view on the company web portal and/or free to download in an accessible format such as Word or PDF. Noticeboard: Placed around the workplace to ensure staff are up-to-date on the code. When implementing the code, get regular feedback from staff and ensure the terms are clear and easy to understand. If any staff are unclear on the code, offer extra resources and training to get them up to speed. There is no requirement for an employee to agree with the code of conduct however it is recommended that all staff acknowledge receiving the document. Total HR and WHS support Peninsula offers customised HR and WHS documents, advice, and resources for Australian businesses and employers. Contact our team today to learn how we can help your business.

HR Policies

Medical certificates

Medical certificates are a common requirement for employers in Australia. They can be used to verify an employee’s illness or injury and to ensure that the employee is fit to work. Medical certificates can also be used to support an employee’s application for paid sick leave or carer’s leave. Why are medical certificates important? Medical certificates are an important tool for both employers and employees. Employers can use medical certificates to verify an employee’s illness or injury and to make informed decisions about the employee’s absence and potential return to work. If the employee is suffering from a long-term illness, the employer may request that the employee undergoes a full medical review. On the other hand, employees can use medical certificates to protect their rights and entitlements in the workplace. When can an employer request a medical certificate? An employer can request a medical certificate for any absence longer from work due to illness or injury. However, employers are normally only legally entitled to request a medical certificate for absences of more than three days. Here are some examples of when an employer may request a medical certificate: The employee has been absent from work for more than two weeks in a 12-month period. The employee has a pattern of absenteeism. The employee is on sick leave for a serious illness or injury. The employee is on sick leave and the employer needs to know when they will be able to return to work. The employee’s absence is causing significant disruption to the workplace. For employers there are some important things to keep in mind: Employers must accept medical certificates at face value and should not contact the employee’s doctor except to clarify points. Employers cannot refuse to pay an employee for sick leave if they have a medical certificate, even if the certificate does not state the reason for the employee’s illness. What information should a medical certificate contain? A medical certificate must contain the following information: The employee’s name and date of birth The date the certificate was issued The name of the medical professional who issued the certificate The medical professional’s signature A statement that the employee is unfit to work due to illness or injury The dates for which the employee is unfit to work Employers should not expect to see a diagnosis on the medical certificate. This is because the employee has a right to confidentiality. However, if the employee consents, the medical professional can provide more information about the employee’s illness or injury to the employer. Are online medical certificates legal in Australia? Yes, online medical certificates are legal in Australia. However, employers are not required to accept online medical certificates, and they may request that the employee see a doctor in person to obtain a medical certificate. Online medical certificate services are becoming increasingly popular in Australia, as they offer a convenient and affordable way for employees to obtain medical certificates. What are the benefits of using an online medical certificate service? There are several benefits for employees who use an online medical certificate service, including: Convenience: Online medical certificate services can be accessed from anywhere with an internet connection, 24 hours a day, 7 days a week. Speed: Online medical certificates are typically issued within minutes of completing the online consultation. Affordability: Online medical certificate services are generally more affordable than seeing a doctor in person to obtain a medical certificate. How do employees use an online medical certificate service? To use an online medical certificate service, the employee simply needs to visit the website of the service and complete an online consultation. The consultation will typically involve answering a few questions about the illness or injury. Once the consultation is complete, the medical professional will review the information and issue a medical certificate if they believe the employee is unfit to work. If an employer is unwilling to accept an online medical certificate, they can request a telehealth medical certificate instead. Telehealth medical certificates are medical certificates that are issued by a medical professional over the phone or video call. Telehealth medical certificates are just as valid as medical certificates that are issued in person and must be accepted by Australian employers. What are carer certificates? Carer certificates are like medical certificates, but they are used to support an employee’s application for carer’s leave. Carer’s leave is a type of paid leave that employees can take to care for a sick or injured immediate family member. According to the definition in the Fair Work Act 2009, an employee’s immediate family members include the employee’s: Spouse or former spouse De facto partner or former de facto partner Child Parent Grandparent Grandchild Sibling How do employees get a carer’s certificate? To obtain a carer certificate, the employee will need to see the unwell or injured family member’s medical professional and ask for a certificate stating that they need to take carer’s leave. The medical professional will typically ask the employee to provide information about the family member they are caring for and the reason for the care. How can Peninsula help? Peninsula can help small business owners with information on managing staff absenteeism, leave entitlements, and sick leave. Call our advice line on 1300796395 to find out how we can help you. 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.

Workplace investigations