Managing Out of Hours Risks by Adjusting Existing Policies

Adding some basic clauses to already existing workplace contracts and policies can be more effective and less time consuming than drafting dedicated documents to help manage risks presented by workers out of hours conduct.

As far as employment contracts go, some broad clauses about workers duties and obligations may be all that is needed to sufficiently cover out of hours conduct.

Some clauses that might be useful to add include:

• Any behaviour that may negatively affect the company's reputation, business, employer's interests
• Breaching of the laws or policies using company property
• Taking on secondary employment without the consent of the company.

When it comes to work place policies it does not make sense to write a policy that is only related to out of hours conduct as it would have to be too generalised and would be hard to define exactly what employees are not supposed to do. The best approach is to examine your existing policies and determine how they might apply to out of hours conduct. Where it is appropriate you can add any relevant stipulations into those policies that make it clear what is suitable to extend to out of hours conduct.

Depending on what industry you are employed in there is a variety of policies that may be relevant to out of hours conduct.

Some amendments that could be made to existing policies to cover out of hours conduct include those relating to drug and alcohol use and private use of company property for example, vehicles and IT communications.

A lot of policies regarding company vehicles do not actually go into how people should be driving the vehicle, complying with the law and generally using them in their personal time.

Regarding computer use, policies should be simply updated to say that they apply to both work and private use.

Some other policy areas that may need to be considered include behaviour at work functions, travelling for work related business, social media and wearing work uniforms off duty.

Employees wearing their uniforms when they are not at work can pose a problem because they are easily identifiable as working within your business. There behaviour can easily fall back on you.

Discrimination and harassment policies should be updated to make it clear that they can apply to any out of hour’s interactions between employees.

These simple clauses can be extremely effective and they can also come in useful if you have to enforce policies for out of hours conduct breaches.

Tips for Implementing a Performance Management System

The basic theory behind a performance management strategy is that if employees know what is expected of them, they are more likely to excel at their jobs. This is also a vital aspect of employee engagement.

By implementing a system like this you will see improved individual performance, greater employee engagement and overall better organisational performance.

Here are some keys steps to implementing a successful performance management system.

1. Clarify Objectives

An important first step is identifying some major objectives for the program and refining the need for a performance management system. What should be included within the system? You can choose to get input from your employees when trying to define the parameters of your performance management system or you can delegate it to your HR department. A good place to start is to use the definition of improving performance and satisfaction.

Some helpful things to include in a performance management system are:

• A clear company vision
• Documented and communicated core competencies
• Formal and Informal rewards which are seen as consistent and fair

2. Support of Your Managers

Once your objectives have been identified along with your expected business outcomes, you have to ensure that your managers are on board. The agreement of the senior management team is needed before any implementation steps are taken. Many systems fail because they are not seen to be included in a managers basic day to day responsibilities. Senior Managers must be seen to be actively supporting the process.

When training your managers in the implementation of a performance management system it is important that they understand:

• How much time is required to implement the system and maintain it on an ongoing basis?
• How the system works and what it will deliver if its implemented successfully
• And developing the skills necessary to carry our effective performance management often take time – more time than expected.

3. Prepare system and supporting materials and documentation
                            
Develop a process and documentation to support the system. Ensure core competencies are defined with associated behaviours and are communicated to all staff.

Included in the documentation should be:

• Review performance against the key parts of the job
• Review performance against any specific goals or objectives which have been set
• Review performance against the organisation’s core competencies if they have been defined
• Identify any learning and development needs for both short and longer term
• Allow for feedback on progress on an ongoing basis
• Ensure job descriptions are current and in a form that provides clear and measurable results required

One on One with the Boss

Most management conversations happen during group meetings, emails. Over the phone or when a problem arises.

However, it is good practice to meet with your boss one on one more frequently to get a little advice, support and motivation.

The main goal of a one on one meeting with your boss is communicating with them about the work you are carrying out for them.

• Before you go into a meeting with your boss ask yourself the following: 
• Are there problems that haven’t been spotted yet? 
• Problems that need to be solved? 
• Resources that need to be obtained? 
• Are any instructions or goals not clear? 
• Has anything happened since we last talked that the boss should know about? 
• Are there questions the boss needs to answer? 

Here are a few tips for making the most of a one on one session with your boss.

• Be prepared – make notes about what you would like to discuss with your boss ahead of time. If you have a problem to discuss bring your recommended solution, likewise if you have a decision to be made, make your recommended decision known.
• Keep your boss informed of all the key things you have been working on. This is a good opportunity to highlight your accomplishments and get some guidance and coaching from your boss.
• Own up to your mistakes. If you are having a meeting due to a mistake you have made, don’t be afraid to own up to it and make yourself accountable. Do not try and pass the blame or point the finger at your colleagues. 
• Always try to have a positive attitude in meetings with management. It is not productive or helpful to go into a meeting with a negative state of mind and you will cover more ground in your meeting if you stay upbeat.
• Include career development as a regular agenda item in your meetings. This will help you determine and achieve your goals as well as demonstrate to your boss that you are ambitious and have a desire to improve.
• Ask for feedback. Many bosses find giving feedback uncomfortable but by asking for it you are opening the lines of communication and making them feel more comfortable. 
• Let your boss know what you need in order to be successful. If you let your boss know in a constructive way how they can support you, most will do what they can to help.

Unique Recruitment Ideas

If you’re trying to attract your ideal candidates, who already have a job elsewhere, you may have to think outside the box when it comes to your recruitment strategies.

That’s why many companies are embracing creative recruiting.

These recruitment methods can help your business stand out from the crowd and put you in touch with your ideal hires;

•    Handout Recruitment cards: Print out business size cards for your employees with the company name, phone number and website on them and the words “now hiring”.  Ask your employees to keep a stash of these cards on them wherever they go. Whenever they come across someone doing an exceptional job, whether it’s at a café or the cashier at the grocery store, they can hand them a “now hiring “card. Once you have found someone with the right personality or mind set you can teach them the other essential skills that may be needed. You will be bowled over at the great employees you will be able to find from very diverse backgrounds using this approach.

•    Employee Referral Rewards Program: It can be very beneficial to hire someone that has been referred by a current employee. A current employee knows the culture of your company and can sense if a person will be a good fit with your organization and team. Offer incentives to employees to refer others.

•    Billboards: Renting a billboard on a busy road near your location is a great way to inform people that you are currently hiring. Make the imagery fun and memorable to catch people’s attention. Keep the wording to a minimum and make the web address easy to remember so that once people are back at their computer they are able to look up the website.

•    Look for talent in an unlikely places: The Director of Talent Acquisition at Quicken Loans (which is regularly listed in Fortune’s 100 best places to work) believes that the secret to their recruiting success is by looking for great people in unexpected places. For example , the company once organised a ‘blitz’ on local businesses , retail stores and restaurants , asking employees to go out and interact with workers and offer interviews to any that were exceptional or stood out from the crowd. Quicken believes that 'Too many companies focus on industry experience when they recruit... We can teach people about finance. We can't teach passion, urgency and a willingness to go the extra mile.’

How to implement a drug and alcohol policy

Drugs and alcohol in the workplace can be an especially delicate topic. Problems in this are department can have an adverse impact on business. Strategies are available for employers to implement and can be required by law. Different policies include:

• Written
• Employee assistance programs
• Drug testing

Drug and alcohol abusers among employees account for increased absenteeism, more on-the-job injuries to themselves or others, and lower productivity. This means higher costs for businesses through:

• Sick leave
• Overtime pay
• Insurance claims
• Being late
• Workers' compensation
• Friction among workers
• Damage to equipment
• Bad decisions
• Negative impact to the business's public image
• Employee turnover

Statistics suggest that this can cost approximately 6 billion dollars annually. Businesses may choose to adopt a policy for these reasons. Even if you do not want to adopt an all-out drug and alcohol abuse program, you may want to implement strategies you feel can be effective in fighting substance abuse in your work place.

When developing a drug and alcohol policy in your work place it is important to:

• Establish a representative group to formulate and implement the policy

The group established to manage the development of the policy should include workers’
representatives, safety and health representatives and management representatives.

• Develop the policy through consultation with all workers

The policy should be developed using the input an involvement of all workers and consultation with employee and employer organisations. Effective communication strategies that ensure regular consultation and feedback to workers should be adopted. This gives workers a sense of participation and ownership of the policy, making it more likely to succeed.

• Ensure there is clear communication and provision of information throughout the development stage

To ensure a successful policy it may be necessary to reassure the workers and overcome any anxiety they may be feeling about it.

Employers should let the workers know that the business values them and is committed to responsibly responding to the issue of alcohol and other drugs and ensuring safety in the workplace.
When implementing a drug and alcohol policy in your workplace it is important to consult with unions and health and safety representatives. It is also important to educate staff on the health effects of drugs and alcohol.

Train your leaders and advise your workers of the policy. Take care to make sure that the policy is the same for every worker and be consistent.

To keep the policy forefront remind staff before work social events.

You are entitled to require employee cooperation in the implementation of a drug and alcohol policy.

7 signs that bullying is occurring in your workplace

Workplace bullying is a big issue and it’s also very bad for your business!

Employees who are at the receiving end of workplace bullying can suffer a number of emotional and physical consequences such as stress, absenteeism, low self esteem or depression, anxiety, digestive upsets, high blood pressure, relationship problems etc.

If workplace bullying is not dealt with it can results in expensive hits to your business such as high staff turnover, low productivity, difficulty in hiring, lost innovation, bad reputation etc.

7 SIGNS THAT BULLYING IS OCCURRING IN YOUR WORKPLACE

Source: Workplace Bulletin

1. Patterns of absenteeism or excessive sick leave.
2. High staff turnover.     
3. A high number of grievances, injury reports or WorkCover claims.
4. A workplace culture that accepts or promotes a ‘tough guy’, ‘dog eat dog’ or ‘harden up’ attitude to interpersonal relationships, performance management and distribution of work.
5. Leadership styles that are particularly forceful, rude or aggressive, demanding, aloof, overbearing or micromanaging.
6. Systems of work in which there is: uneven or unfair distribution of work; excessive intervention in a person’s work; excessive amounts of work; or provision of menial or tedious tasks, or failure to provide any (or any meaningful) work.
7. Workplace relationships in which one or more people are excluded from a larger group or social activities.

What is the difference between bullying and harassment?

Whilst neither bullying nor harassment should be tolerated in the workplace, many employers often fail to see or acknowledge the difference between the two, and effectively, they often tend to deal with both matters in the same way. 

Bullying can be identified by its repetitive nature; it is unsolicited and irrational behaviour towards an individual or group of employees that results in a risk to health and safety. It is the responsibility of an employer to ensure the safety of the workplace and prevent bullying from occurring, as failure to do so may result in investigation and prosecution.

Harassment on the other hand is also unsolicited behaviour that may demean, upset or intimidate a person, and victimizes them through such behaviour on the basis of their physiognomies such as sex or ethnicity.

Bullying expert and author of Bully Free At Work, Valerie Cade, explains that bullying has “the intent of hurting someone else”, whilst harassment  “violates people's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment".

Cade also provides some key identifiers on the difference between bullying and harassment:

•     Harassment is intrusive and invasive and, has a very physical aspect to it including disrespecting a person’s space and/or damaging their possessions
•     Harassment is recognizable by its explicit nature
•     Harassment can be inclusive of aggressive and offensive language
•     Victims of harassment are usually aware of the injustice being done towards them
•     Victims of bullying may not recognize such injustice that is being done towards them until the damage is done
•     Bullying is more likely to be concealed and to occur in private, where it cannot be seen or witnessed by fellow employees
•     Workplace bullying is often psychological. 
•     Bullying is often linked to staged attacks on individuals

When dealing with harassment, policies should be implemented to ensure positive resolution for all parties involved, and protects the relationship from suffering in the workplace. Bullying on the other hand requires immediate action via policies that eliminate the source of bullying and prevent it from recurring. Whilst there may be cases in which a victim of bullying wishes to avoid reporting the issue, the responsibility of an employer according to their workplace health and safety obligations, is to investigate and reconcile the issue, and prevent them from recurring.

To minimize your risk as an employer, you should consider developing proactive bullying and harassment policies that will ensure that your workforce is safe, engaged and productive. Contact Annette at End2End Business Solutions on (02) 8977 4002 for advice on establishing workplace policies for your business.

What Gets You Out Of Bed In The Morning?

Who is really responsible for the development of my career?
With statistics reporting more than 35% of people waking up wondering how on earth they ‘got here’, it seems that we live in a world, of which a large proportion of people tend to fall into their careers based on circumstances rather than a passion or dream.

According to research from Right Management; over 90% of HR managers feel their organisations are under performing and that almost half of all employees are wrongly fitted in their careers. It’s no wonder employees are left uninspired to perform at their optimum capacity in their career of, well, chance.

Career management practice leader of Right Management, Tim Roche, recently stated that half of the 146 000 participants in his survey, aiming to challenge and bring awareness to their true career motivators, effectively made some career change.

 No longer in the age where an employee would spend their lives in one occupation and/or in one company, there are a few grey areas regarding who’s responsibility it is to motivate and develop an employee’s career.

 It is unfortunately not yet typical of a business to integrate both career development and business strategies, although doing so might increase the company’s performance, productivity and overall focus from employees, whilst decreasing turnover.

There is a need for managers to be bold and courageous enough to tackle career management, so that employees are not only strategically motivated and empowered in the present, but also for the years to come. Managers must learn to seek and embrace friendly, personal conversations with employees about the direction of their careers.

 Common misconceptions prohibiting managers from stepping up in this area, rather than avoiding completely or redirecting matters to the company board, are that such conversations will be an expense or that employees may be unrealistic in their expectations or capabilities. In order to engage employees in a positive way, managers must be secure in their own understanding of what drives and motivates both themselves and their fellow employees, and how to implement principles and strategies to encourage this.

 Lizzy Allen of Right Management, adds that career management should involve tripartite commitment, in which the individual, the leader and the organisation equally commit to enable, discuss and promote career development. It is the tripartite commitment that allows active and personal relationships to ensure the success of all parties.

Only one in 10 have innate management talent

From HR Daily:

Good managers are born, not made, but when people without this ability are promoted into management roles they use manipulation and politics to get by, often with devastating effects on employee engagement, says the CEO of global research company Gallup Consulting.

Gallup's ongoing workplace studies in more than 140 countries have found that just 13 per cent of employees globally are engaged with their jobs. In Australia and New Zealand, the proportion of engaged employees is higher, at 24 per cent, however 60 per cent are still not engaged and 16 per cent are actively disengaged, which some estimate is costing Australian employers $54.8 billion each year.

One of the keys to building an engaged workforce is hiring the right managers, because how employees feel about their job begins and ends with their direct supervisor. If employees feel, among other things, that their supervisor takes a real interest in their development, or offers frequent praise and recognition, they are very likely to be engaged.

Research has found, however, that just one in 10 people have the innate ability to lead and manage others, which assists them to become good managers with the right development.

A small number of employees without an inborn ability can manage people if they have the right support, but seven in 10 people should not be placed in leadership or management roles - regardless of the development they've received.  Employers should create alternative career paths for these "individual achievers" to avoid progressing them into management roles.

To ensure engagement across all levels, organisations need to reach a point where individual achievers are as highly esteemed as managers. One obvious mistake that many organisations continue to make is promoting employees to management based on their performance in their current role. The classic example of this is  the great sales person who is promoted to sales manager and flounders.

How else can we create engagement?

Gallup Australia senior client service manager Allan Watkinson outlined three other areas HR professionals can focus on to improve engagement:

-Don't leave selection to chance - Employee selection at all levels is the most important element to get right in order to improve engagement, you can never invest too much in that recruitment process.

-Lead with clarity - One of the biggest demotivators is a lack of clarity about expectations. Every employee should be able to answer two important questions: what do I get paid to do and what does success look like.  If you can get every employee in your company to answer those two questions, people will be much clearer and much more motivated

- Focus on what's strong, not what's wrong - Gallup's research shows that employees are happier, more engaged, develop faster and perform better when managers focus on their strengths.


from the article  "Only one in 10 have innate management talent" at HR Daily

How to Investigate a Bullying Claim

Workplace bullying is a serious, and very real issue that requires attention and care to prevent and deal with any cases that may arise. Failure to implement procedures to prevent and address bullying in the workplace can put employers in danger of breaching OHS policies and the Fair Work Act.

Implementation of workplace policies is the first step in prevention of bullying; such policies should be thorough, and must outline the standard of behaviour expected of members of the workplace. 

Implementation of policies to all new and existing members of the workplace is crucial; they should be discussed in meetings and frequently submitted for review to guarantee functionality and effectiveness.

It is vital that an employer deals with issues of bullying at their immediate awareness as failure to do so can contribute to risk of health and safety in the workplace. 

Employers may look to either internal or external sources to investigate a bullying claim; regardless, it is important that the selected investigator is well trained, has a proper understanding of procedural fairness and any associated legal issues. External investigators are usually the go-to for a serious claim, where as an internal investigator may be more useful for more minor issues, or in cases that need to be dealt with more promptly.

Investigation should be used for:

•          Ongoing reports
•          In any case where a threat is involved
•          Cases where multiple employees have been reported
•          Where an informal, early intervention approach has not solved the issue.

An investigation needs to assess the issue and find a resolution. The appointed investigator should be neutral to both parties; they should determine what allegations will be tested and how the process will take place, including prospects to be interviewed and the overall timeline. Professionalism of the investigator is a must, as is objectivity in examinations, sufficient time allowance, consultation with relevant witnesses, informing all involved parties of possible investigation results and outcomes, fact based conclusions, set up of private hearings from all parties and documentation of facts.

To ensure fairness and efficiency of investigation it is crucial the respondent is made aware of

·         reports against them

·         investigation processes to be executed

·         possible consequences,

and:

·         has an opportunity to seek advice or representation

·         is provided with the opportunity to reply to complaints

·         is kept confidential and,

·         informed of how they may submit a review of the outcome.

The investigator must report on the accusations made, processes undertaken, evidence discovered including interviews and a conclusion of whether the case of bullying may be validated.

Further action should be taken if necessary, and outcomes should be communicated gently to the respondent. 

Contact Annette at End2End Business Solutions on (02) 8977 4002 for advice on establishing workplace policies and dealing with bullying claims for your business.

Changes to Bullying Measures in the Fair Work Act - 1 Jan 2014

Under the Work Health and Safety Act 2011, employers are obliged to take all reasonably practicable steps to manage health and safety risks in their workplaces.  Bullying is one such health and safety risk, and failure to manage and prevent bullying could constitute a breach of the Act and could have serious repercussions, not just for those bullying or being bullied, but for your organisation as a whole.

As from 1 January 2014, the Federal Government will introduce new federal anti-bullying laws which are designed to stop workplace bullying promptly.  However, the laws do not give bullying victims an entitlement to monetary compensation or reinstatement of their position.  From 1 January 2014, a worker who is being ‘bullied at work’ or believes they have been bullied at work will be able to apply directly to the Commission for an order to stop the bullying.

These new laws will cover contractors, subcontractors, outworkers, apprentices, trainees and students gaining work experience as well as volunteers.

Under the new provisions, a worker can bypass his or her employer and lodge a claim directly with the Commission. The Commission is required to deal with an application within 14 days after the application is made - the time limits will mean an employer will have very little time to investigate, assess, and respond to a claim. Under the new laws, employees can formally require the Fair Work Commission to order employers to take action against bullying colleagues and managers. The FWC will have the power to issue an order to the alleged bully or bullies, to put a stop to the disputed behaviour. 

With the introduction of these new laws, it is essential that an organisation has an effective workplace bullying policy which includes:

1. a definition of workplace bullying, including a statement that workplace bullying is unlawful;

2. a complaints process; and

3. information about the consequences for a worker who has engaged in workplace bullying.

Bullying is defined as follows:

A worker is bullied at work if an individual or a group of individuals repeatedly behaves unreasonably towards the worker or a group of workers of which the worker is a member and that behaviour creates a risk to health and safety. 

It is irrelevant whether the individual or individuals who are bullying intend to bully the victim.

It is important to note that bullying involves repeated unreasonable behaviour. An isolated incident is insufficient. 

Importantly, the definition has retained the exemption for reasonable management action which is carried out in a reasonable manner.  (A performance assessment/review that you disagree with will not constitute bullying!) 

Bullying can include more obvious and overt behaviours, such as: 

•                    intimidation

•                    verbal abuse

•                    assault

•                    physical aggression/violent behaviour

•                    spreading rumours about someone

•                    constant name calling

•                    practical jokes

•                    harassment/sexual harassment,

•                    trolling on social media.

But bullying can also include behaviours such as:

•                    constant unjustified criticism or complaints

•                    constant threats to sack or demote

•                    excluding someone from workplace activities

•                    inconsistent and arbitrary enforcement of rules

•                    setting unreasonable timelines

•                    deliberately changing work arrangements in order to inconvenience someone

•                    setting tasks that are unreasonable

•                    excessive scrutiny of work performance

•                    withholding information or tools required to perform work, and

•                    taking credit for another employee's work and failing to acknowledge that employee.

Examples of the sorts of orders the Commission may make include:

•             regular monitoring of behaviours by an employer;

•             compliance with the employer’s workplace bullying policy;

•             provision of information by the employer;

•             additional training to employees; and

•             amendment of the employer’s workplace bullying policy.

What will this mean for Employers?

It would be expected that employers' processes for handling complaints about bullying will be in the spotlight. Therefore, over the next few months until 1/1/2014, it will be important that employers use the time remaining to review and improve their policies and framework regarding bullying. 

Businesses should ensure that performance management and investigation processes are fair and reasonable.

They should have appropriate policies that detail the action taken when an employee makes a grievance or complaint about bullying behaviour, and appropriate mechanisms in place for addressing concerns of workplace bullying.  All employees should have a copy of the policy, or at least know where and how to access the policy.

In the event of an application to the FWC, any workplace investigations conducted will be open to scrutiny. You must be able to show that you have acted with fairness. Organisations may also need to prove that they have given employees training or guidance in relation to their policy, so all employees are aware of what they need to do if they think they are being bullied.