In conversation with Tim Ffrench - Acting Chief Counsel at the Department of Human Services
Join us for our next Musings with Allygroup seminar with guest speaker Tim Ffrench, Acting Chief Counsel at the Department of Human Services.
This seminar will be run in a conversational style format with Tim being interviewed by Joanne Rees, Allygroup’s CEO. Please join us to hear Tim talk about his ‘Walk of life’ including:
His career profession from commencing work as an APS3 on counter services to becoming Acting Chief Counsel - Legal
The difficult career decisions he has been required to make
Lessons he has learned through the course of his career
The importance of mentor development
How he proposes to make a difference as Acting Chief Counsel of one of Australia’s largest inhouse legal practices
There will be an opportunity at the end of the interview for you to join the conversation with Tim and Joanne.
Details for the event are as follows:
Date: Tuesday, 19 November 2019
Time: 5.00 pm - 7.00 pm
Location: Griffith, ACT (details to follow)
RSVP: If you would like to attend, please RSVP to info@allygroup.com.au by Friday, 15 November 2019.
Marian Moss - Managing Mental Health for High Performance
One in five working Australians experience a mental illness within a 12-month period
and 45% will experience mental illness in their lifetime.
51% of people report having left at least one job because it was a poor
environment for mental health and well-being.
Join us for our next Musings with Allygroup seminar with guest speaker Marian Moss who will discuss Managing Mental Health for High Performance.
In any year, one in five working Australians will experience a diagnosable mental illness, and many more will suffer significant symptoms that affect health and productivity. However, with the right approaches, people experiencing mental illness can still flourish. Marian will talk about her experiences in both public and private sectors, what helped or hindered her career and health pathways, and what we can do to better manage our own and other people’s mental health and mental illness in the workplace.
Marian has had a highly successful career in private sector legal practice and as a senior executive and general counsel in the APS, and was named Government Lawyer of the Year in 2015. Marian managed a mental health disability throughout her career. Since leaving the APS early this year she has worked as a mentor and educator in the areas of mental health and disability.
Marian’s passion about reducing the ‘mystique’ and stigma surrounding mental illness makes this a special opportunity to have a very frank and open conversation about how to manage mental health in the workplace.
Details for the event are as follows:
Date: Tuesday, 8 October 2019
Time: 5.00 pm - 7.00 pm
Location: Griffith, ACT (details to follow)
RSVP: If you would like to attend, please RSVP to info@allygroup.com.au by Friday, 4 October 2019.
Naomi Abbott (Conscious Presence) – The Neuroscience of Trust and Conversational Intelligence®
Musings with Allygroup Seminar Series
Allygroup’s second Musings with Allygroup seminar was held on Tuesday, 30 April 2019 with guest speaker Naomi Abbott. Naomi held an intensive workshop with Allygroup staff during the day and presented a seminar to a wider audience in the evening.
Both presentations introduced the science behind the ways in which the brain and gut act and react during conversation and confrontation to create neural networks of trust and distrust. Strong trust networks allow the brain to make complex, strategic decisions, and enriches both team work culture and business strategy. The dominance of distrust networks, however, risks cutting off the brain’s ability to make empathetic and productive choices and can ultimately lead to less effective teamwork and business behaviours. This is the critical point at which subconscious battle lines are drawn and where road maps for ongoing behaviour are embedded. Conversational Intelligence®, or C-IQ, seeks to change perspectives, identify and implement more productive behaviours, and recognise initiatives and actions that may better serve an individual or a team.
Naomi went on to demonstrate the concept of C-IQ and its attendant frameworks and principles with visual guides and mental exercises as they could relate to a variety of people, communication styles, and contexts. The Musings audience learned about the Conversational Dashboard™, the Ladder of Conclusions, the Conversational Intelligence® Matrix with distinct Levels of conversation, the Conversational Intelligence® Trust Model, and the Conversational C-IQ Essentials. By increasing our familiarity with the neuroscientific basics and greater purpose of the C-IQ system, Naomi guided the audience into seeing many new opportunities and techniques to help navigate complex situations, foster trust, and increase the effectiveness of conversations at work.
Naomi Abbott is a coach and facilitator who assists individuals and teams to enhance their communication impact and activate trust at work. Naomi has a Bachelor of Social Science (Psychology and Economics) and Diplomas in Counselling and Transformational Coaching. Through her business Conscious Presence, she is transforming the way people lead, collaborate, navigate change and embrace innovation.
If you are interested in attending one of our upcoming Musings with Allygroup seminars, please contact our office on 02 5104 3170 or email info@allygroup.com.au.
Chris Ronalds AO SC - Discrimination in the workplace
Musings with Allygroup Seminar Series
Allygroup held their first Musings with Allygroup Seminar on Tuesday, 26 March 2019 with guest speaker Chris Ronalds AO SC. Chris spoke on Discrimination in the workplace: organisational risks and responsibilities. It was a review of the recent court cases and general changes to policies in the areas of sexual harassment, other forms of harassment and discrimination. This includes the impact of #MeToo and the expectations that bystanders to any harassment will intervene or otherwise support victims and the role of Codes of Conduct and APS Values in the workplace and the expectations of an employer.
An outline of Chris’ discussion is below:
Why be concerned about discrimination or harassment complaints or events?
Apart from the legislative schemes (discrimination and OHS), there is a significant issue of costs and dislocation to employer. Costs include media coverage and reputational loss, legal costs, lost management and employee time in working with lawyers, attending mediation and appearing in court. Dislocation is where an employer is seen as not supportive of staff and also needs to challenge staff or former staff in a public forum. Disadvantage of an external agency reviewing the operations of the employer and possibly making critical comments about them on a general basis and not limited to the facts of a single complaint.
Issues:
Sex discrimination in the workplace:
occurrence – major problem continues to be post maternity leave and related part-time work requests – and the Fair Work Act is being used frequently - Fair Work Ombudsman v A Dalley Holdings Pty Ltd [2013] FCA 509; Heraud v Roy Morgan Research Ltd (2016) 305 FLR 29
risk factors – lack of documentation for decision making
Sexual harassment in the workplace:
still occurs, can be a single act, is unwelcome conduct of a sexual nature - Richardson v Oracle Corporation Australia Pty Ltd (2014) 223 FCR 334 at 338/[7]-[8]; Vergara v Ewin (2014) 223 FCR 151; Alexander v Cappello [2013] FCCA 860
risk factors – identifying known predators and failing to act, lack of effective and trusted internal complaints policy
obligations on by-standers – co-workers, visitors
Racial discrimination in the workplace:
occurrence – racial harassment and vilification – State of Victoria v Macedonian Teachers Association of Victoria (1999) 91 FCR 47
risk factors – poor supervision, fragmented workforce
Bullying:
occurrence – ranges from verbal or physical assault to psychological abuse - Naidu v Group 4 Securitas Pty Ltd (2006) 150 IR 203; appeal mostly dismissed: (2007) 71 NSWLR 471 (damages of over $2M plus indemnity costs), Sneddon v The Speaker of the Legislative Assembly [2011] NSWSC 508 (damages of $429,165.96)
risk factors – poor management structures, condoning culture of abuse, swearing, physical actions such as chair throwing
basis of litigation - breach of employment contract including policies implied into terms of contract, negligence, failure to provide safe workplace, breach of duty of care - Goldman Sachs JB Were Services Pty Ltd v Nikolich [2007] FCAFC 120 (damages of $465,869)
Remedies:
quantum of damages - Richardson v Oracle Corporation Australia Pty Ltd (2014) 223 FCR 334 at [135] including $100,00 general damages (pain and suffering); State of New South Wales (Department of Justice – Corrective Services) v Huntley [2017] FCA 581 – appeal confirmed $75,000 for general damages and almost $100,000 for economic loss for failure to provide reasonable adjustments
other possible orders – apology, reference, reinstatement, not repeat conduct, training, new policies.
Potential organisational responsibility even before discrimination complaint is made – identifying risks and addressing them:
Effective and respected complaint policy for internal handling of complaints,
When to use an external investigator – for independence, seen as treating issue seriously by all involved,
Get quality report that can identify broader systemic issues (if there are any) and act of the identified issues,
OH&S role and employer’s responsibilities.
Best practice steps for preventing discrimination:
Leadership from senior management,
Seen as taking issues seriously,
Policies that are easy to read and are promoted regularly – not just at induction.
Best practice steps for dealing with identified or potential discrimination before a complaint is made:
Strategic review of all employment practices and policies on regular basis to ensure are compliant with latest developments.
Best practice steps for dealing with discrimination complaints:
Investigate immediately – and have report done promptly,
Ideal time line is 4 -6 weeks to completion,
Don’t pre-judge or make any statements to complainant, respondent or senior management that could later be construed as fixed view on outcome,
Don’t let status of complainant and respondent confuse or divert HR response,
When to use a private mediator to resolve issues and effect a settlement before complaint lodged.
Dealing with external agencies:
AHRC or ADB
Federal Court, FMC or ADT
Media coverage
APS Values and Code of Conduct
Are part of the contract of employment
Chris Ronalds AO SC is a Sydney barrister, specialising in discrimination and harassment law, employment law and administrative law. In that role, she has had the conduct of a number of landmark cases. Also, she has been involved in a number of projects on discrimination, affirmative action and the provision of rights and redress for disadvantaged groups. She is co-author of Discrimination Law and Practice (Federation Press 5th edition, Feb 2019).
If you are interested in attending one of our upcoming Musings with Allygroup seminars, please contact our office on 02 5104 3170 or email info@allygroup.com.au.