January 09 Newsletter

Transparency with employees can reduce redundancy related legal action

Many unfair dismissal claims could ensue from redundant employees because employers are concealing a shaky financial position from employees during the economic downturn.

Although it may be difficult for employers to know how much information they should share with employees, omitting, or giving misleading information about the organisation's financial position can constitute a breach of the Trade Practices Act 1974.

A non-transparent approach to lay-offs and the creation of uncertainty in the workplace can damage morale. Not only can it affect the person made redundant, but can also possibly affect other employees. A transparent and holistic Change Management Strategy is essential to protect an organisation from breakdown of morale and possible litigation. Employers should consider their obligations to consult with employees and the consequences of failing to consult.

The key elements of an effective change management strategy include:

• A change action plan - with a commitment to flexibility and willingness to explore other options, such as part-time work, or job sharing, before creating redundancies.
• A communications strategy – the core of an effective change management plan is communication. Most people respond well if they're kept informed.
• A commercial contingency plan - including processes for informing and directing suppliers or customers whose contact has been made redundant.
• An industrial action response plan - including relationships with relevant unions and an understanding of how they are likely to respond to redundancies.
• A legal risk management strategy - with an audit of all legal requirements to reduce the risk of employee action.

In some circumstances it may not be feasible to consult with affected employees and best practice is to be as transparent as possible without damaging the business.

Some further key points are:

Identify objective selection criteria for redundancies, keeping mindful that the purpose of a redundancy is to remove a function or role, not an individual employee and establish a valid reason, distinct from performance or misconduct.
Look into all alternatives before proceeding with a termination.
Seek input on ways to minimise the impact on the employee and the workplace should a redundancy be necessary.
Payment in lieu of notice can be considered unlawful if the option isn't stated in the employment contract.
Employers are legally required to contact Centrelink if they are making more than 15 employees redundant before redundancies are made.
Employees should be fully familiar with the Fair Work Australia Bill before its probable implementation in January 2010.

The legislation, that will supersede Work Choices, will include compulsory severance payments for all employees with at least one year's service in any organisation with more than 15 workers.

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Making New Year Resolutions that Stick

Every New Year people make resolutions. We pledge to lose weight, exercise more, quit smoking, we decide to save more, spend less, or pay off debt. But how do we stick to our resolutions?

Psychologists say these resolutions usually don’t work. That's because they're often based more on wishful thinking than commitment. We may have very good intentions to keep our resolutions, but it is only our actions that can realise them. For example, the most effective way to stop smoking is simply to stop. Studies show that abrupt cessation is more likely to be effective than setting a particular date in advance, January 1st. for instance. There's also the problem that if we make a resolution and then break it, we've set ourselves up for failure and weaken our initial resolve.

This doesn’t mean though that we should forget about New Year's resolutions altogether. The New Year allows some time ahead to mentally prepare for setting resolutions, knowing we're going to have to make them sooner or later. The holiday season is also a good time to objectivley view the past year to see what does and doesn't need to change. So if you want to make some changes take action, make a commitment, not a wish. There’s a huge difference between intention and action.

To maximise your chances of keeping to your resolutions, here's some strategies:

● Try something different. If your New Years’ resolutions usually dissipate by February, take a different approach. Step out of your comfort zone, and give something new a try. Sign up for boot camp, visit a life coach, or start up a programme with a personal trainer, to get you going.

● Write down your goals. If they're in writing you have something to regularly refer to and it confirms your goals to see them written down in black and white.

● Keep it simple. Start off gradually, and don’t try to do too much at once, that way you won’t feel too overwhelmed, and you’ll be much more likely to stick with it. It would be good to quit smoking, lose weight and get fit all at once; but if you take on too much you're more likely to fail on all counts.

● Set realistic expectations. You goals must be achievable; while you can take important steps to improve your health, you can’t look like an athlete if don’t have the time or desire to train like an athlete. Changing habits takes time, so look at the big picture. Think about your progress in terms of months, not days.

● Be specific. Rather than; “I want to lose weight”, specify something you can achieve like 'I will lose 15 kilos”.

● Decide on some practical details. Work out how you will actually implement your goals, for example; “To lose 15 kilos, I will swim three times a week and cut 1000 kilojoules a day from my food intake”.

● Set a time frame with deadlines to reach your goals. But be prepared for the lull, in case your initial enthusiasm to the task gives way to the drudgery of doing it.

● Keep a diary of your progress. Psychologists say that keeping a record of what you've done makes it more likely you'll stick to your regimen.

● Rebound from setbacks. Challenges and setbacks are a part of life, and you will face some along the way. It’s how you bounce back from a setback that makes the difference. Learn to anticipate them and prepare for them, and don’t give up if things go astray, adjust your plans, but don’t abandon them.

● Foster motivational support. It helps to talk to someone about your goals, your partner, friends, family, or a psychologist or counsellor. If others are aware of your goals, they're likely to support you and help you stay on track. It also helps to have a friend who's made the same resolution, you can quit smoking, lose weight together, or exercise together.

If you don't succeed, don't despair, you can try again, and there's always another New Year coming up.

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Managing, Recruiting and Retaining Staff – Tools and Templates

The Beaumont team found this excellent site and would like to share it with you, as its an incredibly useful tool that gives an insight into where you may be losing money through poor staff planning.

It provides calculators to estimate the costs of staff turnover and productivity, and templates on staff planning, recruiting, advertising, the interviewing and selection process, offers and negotiation, retaining good staff and ending the employment of others. Definitely worth a look.

Beaumont Consulting have complimentary Recruitment and Selection Essentials training courses running throughout 2009. Please contact your consultant if you would be interested in hearing more about these courses or attending them.

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Temp of the Month

We have received a record number of nominations for temp of the month in December! And after much deliberation the winner is…………… Sandra Bravin!!

Well done Sandra, we know from speaking to you how hard you have worked and you genuinely deserve December’s title! Here is why Stephen nominated you:

"To date Sandra has saved our Company large amounts of money, she has cleaned up our accounts, reduced our debtors and has now made our accounts very efficient.

Sandra has meticulous attention to detail; she goes way and above the call of duty, putting in an amazing amount of hours – without putting those on her timesheet! She has streamlined the accounts department and has done all this with a smile and good humour!

Considering she is only employed as a temporary member of staff, Sandra has given 170% in everything she does. Without a doubt she has been a great asset to the business!"

A very special mention also goes to the following:

Emma Kane “Emma displays a positive and enthusiastic approach to her role and has in turn influenced other members of the team ….and has been an asset to the team during this busy Christmas Period”

Kala Bostrom “Without a doubt an absolute gem we’d love to keep!”

Jon Sullivan “A very clever guy who takes on and picks up things very easily”

Suzi Dojcinovski “Suzi’s attendance has been fantastic….I recommend Suzi for the overall quality in her calls and the dedication she has brought to the team

Well done to everyone!

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Whats On

Medibank International – A week of international tennis as well as daily live entertainment. 11 – 17 Jan

Sydney Festival 2009 – For three weeks each January, Sydney Festival offers a rich program of around 80 events involving upwards of 500 artists from Australia and abroad covering dance, theatre, music, visual arts, cross media and forums. 10 – 31 Jan

Chinese New Year - Sydney celebrates the Chinese New Year with over 50 events. 23 Jan – 15 Feb

Australia Day – Join in the celebrations of everything Australian. 26 Jan

St George Open Air Cinema – Grab a picnic and watch a movie under the stars. 12 Jan – 21 Feb