Jen's Workplace News September 24

Hello!

In between my breakdancing lessons, I have been busy compiling your favourite workplace newsletter – a combination of things you need to know and things that will make you laugh out loud.

In this issue there’s a workplace trend, news snippets, a case and sage advice in the “Dear Jen” column.

And of course, I share my recommendations for your viewing pleasure.

I hope this newsletter brings you some wisdom and joy!

Cheers, Jen

What am I seeing out there in the workplace world?

The Closing Loopholes changes were introduced on 26 August 2024 introducing new definitions of “employer” and “employee”, employees having a right to disconnect in certain circumstances, and changes to the way we deal with casual employees and independent contractors. The changes are not just cosmetic.

These links from the Fair Work Ombudsman site are helpful to understand your rights and obligations:

• The Right to Disconnnect - Right to disconnect
• Changes to Casual Employment -?Casual employment changes
• Changes Regarding Independent Contractors - Independent contractors

The Information Statements that must be provided to all employees, casual employees and fixed term employees have been updated (and the frequency changed for casual employees).

See: Information Statements

Take Out Point: Reach out if you have any questions, or need to have your contracts or policies reviewed.?

BRIEFLY...

Job of the Week: 'Best seats in the house, best job in the world'

During my recent trip to the Paris Olympics, I was in awe as cute remote controlled cars collected discuses and returned them to the athletes at Stade de France. I wasn’t alone. Tik Tok went into meltdown with wannabe drivers dreamt of sitting with their “bestie chatting, driving cool mini-cars and watching Olympians do stuff all around you” and complained “once again, I have beef with my high school guidance counsellor”.?

Needless to say, you will know where to find me come Brisbane 2032.?

See: Olympic Dream Job

Buzzphrase of the Week: “Workplace Presence”

A loud collective shriek was heard when the head of the NSW Premier's Department directed that NSW public sector employees must now "principally" work from their "approved" office or workplace, because “workplace presence builds strong public institutions”.?Whilst “many workplaces allow for?ad hoc?variations according to the needs of employees and organisations…the starting point is that work is principally done in an approved workplace in NSW".

Take Out Point: Will this have flow-on effect for the private sector? Yes. It’s already started. For example, PwC has said it will use location data to enforce their back to the office rule and TAB Corp have ordered staff back to work 5 days a week.?

See:

NSW Govt workplace presence

PwC tracking employees

TAB Corp back to the office

JPMorgan capping junior bankers’ work week at 80 hours

In exciting news from Wall Street, JPMorgan is capping hours for junior bankers at 13 hours a day meaning they will work “a six-day working week from 8.30am to 10pm with short breaks for meals, or 11 hours a day for seven straight days, according to the?Wall Street Journal” – subject to exceptions during live deals!

Take Out Point: Sure it’s not quite “the right to disconnect” but the “right to sleep at home occasionally” is pretty exciting.

See: JP Morgan caps junior hours

The Latest Perk for Gen Z: Tinder Leave?

Global influencer and entertainment company Gushcloud International is sponsoring “Tinder subscriptions and the Tinder Leave as an upgraded Gushcloud employee perk" across Asian markets. The subscription and additional day of paid leave is designed to “take care of [Gushcloud’s] employees in their relationship goals, whether that’s meeting new people, making new friends or finding a life partner". According to a Tinder spokesperson, "Gen Zs are redefining the idea of work and the workplace, focusing increasingly on their work-love-life balance”.?

Take Out Point from a Gen X CEO (ahem, me): In these challenging economic times, not sure Aussie employers will embrace this idea.?

See:?Tinder leave

The Fair Work Commission Has Been Busy

According to the FWC’s annual report for 2023-2024, FWC dealt with a record number of applications - 40,188 in the past financial year. This is the highest number of applications since the Fair Work Act was introduced and represents an increase of 27.5% compared with last year. A quarter (10,300) of the applications involved unfair dismissal claims.

Take Out Point: If economic factors do not improve, the FWC is likely to continue to be busy.

See: FWC President’s Statement

CASE YOU NEED TO KNOW ABOUT

"Brain fart" Leads to Dismissal

A boilermaker was alleged to have used a die grinder?to draw a picture of a penis and words into the paint work on the roof of a tanker. His employer determined that he did so and summarily dismissed him on the basis that he had admitted to the conduct. The admission was later denied, but a colleague alleged that they had witnessed the conduct.

The boilermaker filed an unfair dismissal claim in the Fair Work Commission.

When asked why he didn’t report it at the time the colleague said: "Well, when you work side by side with people and you're working in close quarters with everyone, and people make mistakes, people have brain farts, . . . you hope that they sort of fix it on their own”.

The Fair Work Commissioner concluded that "on the balance of probabilities, I am satisfied that the [boilermaker] drew the penis graffiti and admitted to the same”.?He determined that the dismissal was not unfair and dismissed the application.

Take Out Point: Brain farts can have serious consequences.?

See: Joshua Robinson v Wulguru Steel Pty Ltd

Don’t let unresolved workplace issues hold you or your business back… on result in an invitation to attend the Fair Work Commission.

The ‘Awkward to Awesome’ Workshop will empower your managers and team with essential?skills and techniques to confidently tackle challenging conversations.?

Empower your team with the skills to have difficult conversations. Increase productivity. Decrease recruitment costs. Boost profits! Check out the ‘Awkward to Awesome’ Workshop .

Or grab the most practical online course in town. Run, don't walk to my website for my highly?informative and entertaining online course – “Difficult Conversations In The Workplace: A?Lawyer’s Guide to Not Needing a Lawyer”. Spend an hour with your favourite unlawyerly lawyer?for just $149 plus GST, or organise a coaching session .

Dear Jen,

One of my employees is spinning on thin ice. She's moonwalking out of work early every day to go to breakdancing lessons.

She's busting moves whilst my business is going bust.

How do I let her know I'm at breaking point without popping my top?

Cheers,

Breakdown Boss

Dear Breakdown Boss,

Don't get me wrong, I've been known to bust out the odd "kangaroo" and "sprinkler"?in my time - but never during business hours.

Have a gentle chat with your windmill warrior.

Let her know it’s fine to pop and lock after hours, but when she’s on the clock, the only thing she should be breaking is her performance targets.

Good luck.?

Cheers,

Jen

Previous newsletters are available at our?website . To catch up on earlier legal updates or viewing recommendations, head there now!

Returning favourites: “Emily In Paris” (Netflix) and “Slow Horses” (Apple TV+) are back. Couldn’t be more different but they both bring such joy – escapism with Emily and brilliant scriptwriting with my favourite drama about MI5 service rejects. [If you haven’t watched this Gary Oldham and Kristin Scott Thomas gem, drop everything and start now]. ?

What I Watched (On Binge/Foxtel)

“The Emperor of Ocean Park” is one of the best shows I’ve watched all year. Nothing to do with emperors or ocean parks. This 10 episode series based in Chicago is a gripping thriller about a Judge and his family and …no spoilers. Just watch. ?

What I Watched (On Netflix)

Sports doco fans will love “Untold: Hope Solo vs US Soccer” about controversial US goalkeeper Hope Solo. ?

What I’m Watching (On Disney)

I inhaled season 1 of “Reasonable Doubt”. Disney are now drip feeding season 2. Jax Stewart is the criminal defence attorney I would want defending me if I found myself locked up in LA (not that it would ever happen)! ?

What I Watched (On ABC iview)

“The Assembly” is a documentary series hosted by Leigh Sales, featuring a group of autistic people interested in pursuing careers in journalism, who interview the likes of Hamish Blake, Anthony Albanese and Adam Goodes. Wonderful. ?

What I Watched (on 7Plus)

Need a new medical drama whilst “Grey’s” is on hiatus? Despite having to endure ads and the stress of trying to help Dr Lucinda Edwards from my loungeroom, I thoroughly enjoyed “Malpractice”.?