The Workplace Conflict Resolution Gap: Why Proactive Strategies Matter

Workplace conflict is inevitable, but how it’s handled can determine whether issues are resolved or allowed to fester. According to a recent report from the CIPD (Chartered Institute of Personnel and Development), there is a stark disconnect between how employers and employees perceive conflict management. While 81% of employers believe they are addressing conflicts effectively, only one-third of employees feel that their disputes are fully resolved. This gap underscores a critical need for earlier, more informal interventions and improved strategies to manage workplace conflicts.

The Role of Managers in Conflict

In workplaces where line managers have been trained to handle conflict effectively, employees report higher levels of trust, collaboration, and team cohesion. However, the same report highlights a key issue: 49% of employers admit that managers themselves can be a source of conflict. This underscores the need for continuous manager development and targeted conflict resolution training.

Managers play a pivotal role in not only addressing conflict but also preventing it. Without proper training, managers may inadvertently escalate tensions, misunderstand the root causes of disputes, or fail to foster an environment where open communication is encouraged. Investing in their training can help close this gap, ensuring they can intervene early and facilitate resolutions that work for everyone involved.

The Hidden Impact of Unresolved Conflict

When conflicts remain unresolved, they can ripple through an organisation, creating long-term issues that negatively affect both individuals and teams. Some of the most damaging consequences include:

  • Lower morale: Persistent conflict leaves employees feeling disengaged, unappreciated, and dissatisfied, which erodes team spirit.
  • Decreased productivity: Energy spent on disputes reduces focus on core responsibilities, leading to inefficiency and missed deadlines.
  • Strained relationships: Unresolved conflicts often lead to mistrust, poor communication, and fractured collaboration between team members.
  • Increased stress: A tense workplace creates an unhealthy environment, contributing to higher stress levels, absenteeism, and turnover.

Over time, these issues compound, leading to toxic work cultures that not only lower performance but also drive talent away.

Proactive Strategies for Conflict Resolution

Closing the conflict resolution gap requires a proactive approach. Here’s how organisations can tackle conflicts more effectively:

  1. Early Intervention: Addressing conflict at the earliest sign of tension prevents minor issues from escalating into larger disruptions. Quick action allows teams to resolve misunderstandings before they erode trust and affect overall performance.
  2. Open Communication: Encouraging transparency helps foster an environment where employees feel safe voicing concerns. Regular, clear communication can prevent misunderstandings from growing into bigger problems and promote collaboration in problem-solving.
  3. Manager Training: Managers often act as the first line of defence in conflict resolution. Training managers in mediation techniques, active listening, and emotional intelligence equips them to confidently and fairly address issues as they arise.
  4. Building Team Resilience: Teams that engage constructively with conflict develop greater resilience. This strengthens their ability to navigate challenges and adapt to new situations, resulting in stronger working relationships and a more positive workplace culture.

How We Can Help

At Segal Conflict Solutions, we specialise in helping organisations tackle workplace conflicts head-on through tailored strategies and expert intervention. Our approach includes:

  • Mediations: We facilitate structured discussions to help resolve disputes between employees or teams, ensuring a respectful, productive environment for conflict resolution.
  • Workplace Investigations: For more complex issues, we conduct thorough investigations to understand the root causes of conflicts and recommend fair, transparent solutions.
  • Training Workshops: Our workshops provide managers and teams with the tools they need to handle conflict proactively. We focus on building skills in communication, conflict resolution techniques and fostering psychological safety in the workplace.

The Broader Insights from CIPD Research

The CIPD’s Good Work Index 2024 not only highlights the gap in conflict resolution but also calls for earlier, more informal approaches to managing disputes. The report stresses that traditional disciplinary actions and grievance procedures, while important, are often too formal and drawn out, adding additional stress. More informal, everyday conflict resolution strategies are crucial to creating a culture where managers and employees feel empowered to resolve conflicts as they arise without resorting to formal escalation.

In fact, the CIPD report found that organisations investing in line management training saw marked improvements in workplace harmony. Where managers were equipped with conflict resolution skills, employees felt more supported, leading to a greater sense of fairness and trust across teams.

By adopting proactive conflict resolution strategies and partnering with experienced professionals, you can create a stronger, healthier, and more productive workplace. Conflict is inevitable, but with the right approach, it can become an opportunity for growth, innovation, and team-building.

 

Balancing Privacy and Accountability in the Workplace

In today’s workplaces, the balance between privacy and accountability is more important and complicated than ever. With the rise of advanced technology, employers now have unprecedented access to employee activities. But where do we draw the line between monitoring for safety and performance and respecting an employee’s right to privacy?

 A Case in the Headlines: Virgin Australia

The recent Virgin Australia case has put workplace privacy in the spotlight. The airline accessed hotel CCTV and room swipe records to investigate a cabin crew member’s off-duty activities, sparking debate about how far is too far when it comes to surveillance. This case raises crucial questions about the boundaries of workplace monitoring and the potential invasion of privacy, especially when employees are off the clock.

 The Remote Work Challenge

The problem of workplace surveillance has become even more pronounced with the advent of remote and hybrid work models. As more employees work from home than ever before, the lines between work and personal life have blurred, creating new tensions. For many organisations, there’s been a rise in monitoring practices—from tracking software usage to logging time online—as a way to ensure productivity. However, this increase in surveillance can lead to feelings of mistrust among employees, who may feel that their privacy is being invaded even in their own homes.

The need to monitor remote workers for accountability purposes has to be balanced against the trust employees need to feel in order to perform their best. Over-surveillance can lead to resentment and lower morale, ultimately harming productivity rather than enhancing it.

 Finding the Right Balance

Here are three key steps organisations can take to balance privacy and accountability in the workplace:

  1. Set Clear Guidelines

Transparency is essential. Employers should clearly outline what is being monitored, why it’s necessary, and how the data will be used. This helps create trust and ensures that employees are aware of the boundaries from the start. In the case of Virgin Australia, clearer communication about surveillance policies could have helped avoid misunderstandings and privacy concerns.

  1. Respect Personal Boundaries

Even when monitoring is necessary, employers must respect employees’ personal time and space. Just because technology allows surveillance doesn’t mean it should be used indiscriminately. Monitoring off-duty activities, as seen in the Virgin case, or monitoring remote workers excessively blurs the line between work and private life. Establishing firm boundaries around when and where monitoring occurs is key.

  1. Prioritise Fairness and Safety

Monitoring should be fair and not feel invasive. Employers should focus on practices that improve workplace safety and accountability without unnecessarily intruding into employees’ personal lives. Balancing these priorities can help build a work culture where employees feel respected and trusted, even in remote or hybrid settings.

 Why This Matters Now

As workplaces continue to evolve and more employees work remotely, the question of privacy in the workplace is more relevant than ever. Employees want to feel trusted, especially when working from home, and overreach in surveillance can damage that trust. Organisations that strike the right balance between accountability and privacy are more likely to foster a healthy, productive work environment.

In a world where technology makes it easy to monitor every move, it’s crucial for employers to remain mindful of the human element—creating a workplace that values both security and respect for personal privacy.

Navigating Workplace Conflicts in the Era of Remote Work

As remote work becomes the norm, how we handle workplace conflicts is also evolving. The lack of face-to-face interactions and the potential for misinterpreting written communication can lead to misunderstandings and disagreements. Without the usual cues from voice intonation and body language, small issues can quickly escalate into significant conflicts. This makes clear and empathetic communication more important than ever in remote settings to minimise misunderstandings.

The Challenge of Remote Communication

In remote work environments, it’s easy for written messages like emails and instant messages to be misinterpreted. A simple message can come across as curt or abrasive when that wasn’t the sender’s intention. The spontaneous interactions and informal “watercooler chats that help build rapport and clear up misunderstandings hardly happen anymore. Therefore, paying extra attention to how we communicate in remote settings is crucial, ensuring clarity and empathy in every interaction. Regular face-to-face virtual meetings can help bridge the gap, providing opportunities to interpret tone and body language and reduce the chances of miscommunication.

The Role of Interpersonal Relationships

In traditional office settings, closer interpersonal relationships often help to avoid or defuse conflicts. When colleagues share physical space, spontaneous interactions and the building of informal social bonds create an environment where misunderstandings can be quickly addressed. However, remote work lacks these organic opportunities for connection, making it harder to manage disagreements.

Solutions for Minimising Conflict in Remote Settings

Despite these challenges, there are effective strategies for maintaining strong interpersonal relationships and minimising misunderstandings in remote work environments:

  1. Foster Clear Communication: Encourage team members to be explicit in their messages. Video calls can convey tone and intent more clearly than text messages.
  2. Establish Regular Check-ins: Regular video meetings can help maintain personal connections and provide opportunities to address minor issues before they escalate.
  3. Encourage Empathy: Training sessions on emotional intelligence can help team members understand and manage their emotions and those of others, fostering a more empathetic communication culture.
  4. Create Virtual Social Spaces: Implement virtual coffee breaks or social events to mimic the informal interactions that naturally occur in an office setting.
  5. Provide Conflict Resolution Training: Equip employees with skills to handle conflicts constructively. This can include training on active listening, negotiation, and mediation techniques.

Case Study: Successful Resolution through Effective Communication

Recently, we worked with a small remote team experiencing frequent misunderstandings and conflicts. The lack of face-to-face interaction had led to a breakdown in communication, resulting in decreased productivity and morale. The manager struggled to address performance issues and provide constructive feedback, while team members were defensive and lacked respect for the manager.

Our Approach:

  1. Initial Assessment: We conducted confidential interviews with team members to understand the root causes of the communication breakdown.
  2. Customised Training: Based on our findings, we developed a tailored training program focused on improving communication skills and managing conflicts. This included:
    • Role-Playing Exercises: To practice real-life scenarios and develop confidence in handling difficult conversations.
    • Active Listening Techniques: To enhance empathy and understanding among team members.
    • Feedback Mechanisms: To teach constructive criticism methods that avoid defensiveness.
  3. Ongoing Support: We provided follow-up coaching sessions with two team members to reinforce the skills learned and address any new challenges that arose.

Results:

  • Improved Communication: Team members reported feeling more comfortable discussing sensitive issues.
  • Enhanced Trust: The environment of psychological safety we helped establish led to more open and honest conversations.
  • Increased Productivity: With better communication, the team could address issues promptly, leading to a more cohesive and efficient work environment.

This case highlights the importance of investing in communication training to equip teams with the skills needed to navigate complex conversations and maintain a healthy workplace culture.

The Importance of Proactive Measures

Implementing these strategies requires proactive effort from both management and employees. It’s about creating a culture where communication is clear, empathetic, and intentional. By doing so, organisations can reduce the likelihood of conflicts and ensure that they are managed effectively and constructively when they do arise.

As the remote work landscape continues to evolve, so too must our approaches to managing workplace conflicts. By fostering clear communication and strong interpersonal relationships, we can navigate the challenges of remote work and create a more harmonious and productive work environment.

Mediation in the Workplace: Best Practice and Benefits

Introduction

Workplace conflicts are inevitable, but how they are handled can significantly affect an organisation’s overall health. Mediation has emerged as a powerful tool for resolving disputes, promoting a harmonious work environment, and avoiding costly litigation. This blog delves into the best practices for implementing mediation in the workplace, the benefits it brings, and a case study demonstrating its strong effectiveness.

 Best Practice for Implementing Mediation

  1. Early Intervention: Address conflicts as soon as they arise to prevent escalation. Early mediation can often resolve issues before they become deeply entrenched.
  2. Neutral Mediators: Utilise impartial third-party mediators who are trained to handle workplace disputes. Their neutrality helps ensure a fair and unbiased resolution process.
  3. Confidentiality: Maintain strict confidentiality throughout the mediation process to build trust and encourage open communication.
  4. Voluntary Participation: Ensure that all parties involved in the mediation are participating voluntarily. This fosters a cooperative atmosphere and increases the likelihood of a positive outcome.
  5. Structured Process: Follow a structured mediation process that includes pre-mediation meetings joint and private sessions if necessary. This helps keep the discussion focused and productive.

 Benefits of Workplace Mediation

  • Improved Employee Morale: By resolving conflicts amicably, mediation can improve relationships among employees and between employees and management, leading to higher morale and job satisfaction
  • Reduced Litigation Costs: Mediation is typically much less expensive than going to court. It can save organisations significant amounts of money in legal fees and related costs.
  • Enhanced Productivity: A harmonious workplace is a productive workplace. Mediation helps eliminate the distractions and disruptions caused by ongoing conflicts, allowing employees to focus on their work.

Case Study: Mediation in Action

Background: At Segal Conflict Solutions, we recently handled a case involving a mid-sized marketing firm where tensions had been rising between two key departments—creative and sales.

The creative team felt that the sales team was constantly interfering with their work, while the sales team believed that the creative team was not responsive enough to client demands. This ongoing conflict was affecting project timelines and team morale. Particularly, the animosity between the sales manager and the head of creative was causing friction within their respective teams, exacerbating the situation.

 Mediation Process:

  • Step 1: We began with a briefing with HR and determined that the core issue stemmed from the deteriorating relationship between the sales manager and the head of creative. It was decided that the first step would be to have a mediation session with these two key individuals.
  • Step 2: We held individual pre-mediation meetings with both the sales manager and the head of creative to understand their perspectives and concerns.
  • Step 3: During the joint session, we facilitated a structured discussion between the sales manager and the head of creative. This allowed them to voice their issues and frustrations. The independent mediator ensured the discussion remained respectful and focused on finding solutions. Both leaders were encouraged to reflect on their roles in the conflict and consider the broader impact on their teams.
  • Step 4: The parties reached an agreement on how they would work together in the future, establishing specific processes and steps to facilitate collaboration. This agreement was finalised in a follow-up session, where steps for maintaining open communication going forward were outlined. The two parties agreed to regular one-on-one meetings to ensure ongoing communication and to address any issues before they escalated.
  • Step 5: Since the relationship between the two teams was also impacted, we recommended a workshop/coaching session for both teams. In this session, we discussed and hypothesised different scenarios and discussed how to communicate better in various situations.

Outcome

The mediation resulted in an agreement where both the sales manager and the head of creative committed to regular communication and collaboration. The creative team agreed to provide more timely updates, and the sales team pledged to respect the creative process timelines. The conflict was resolved, leading to improved collaboration and project outcomes. The employees in both teams noticed an improvement in relations, leading to increased trust and cooperation.

Conclusion

Mediation is a valuable tool for resolving workplace conflicts, promoting a positive work environment, and enhancing organisational productivity. By following best practices and understanding the benefits, organisations can effectively leverage mediation to address disputes. The case study from Segal Conflict Solutions illustrates how mediation can turn a contentious situation into a collaborative success.

Understanding Workplace Mediation Costs in Australia: A Comprehensive Guide

workplace mediation cost in Australia

Navigating workplace conflicts can be challenging, but organisations can foster a harmonious work environment with effective resolution strategies like mediation.

Mediation, a highly effective method for resolving disputes, promotes open communication and fosters positive working relationships. However, understanding the costs associated with workplace mediation in Australia is essential for informed decision-making.

In this blog, we’ll dissect the intricacies of workplace mediation costs, offering insights into key factors that influence pricing and providing a comprehensive overview of average costs across different regions.

The Workplace Mediation Process

Before delving into the costs, let’s briefly outline the mediation process. It typically commences with a briefing session, where a representative of the organisation who engages the mediator,  provides an overview of the background of the situation and their desired outcomes.

Following this, pre-mediation sessions are conducted to gather perspectives from each party involved and ascertain their respective goals. Joint mediation sessions then bring the conflicting parties together in a facilitated dialogue to reach an agreement to move forward. Any agreement reached during the mediation process is documented and drafted.

Key Factors Influencing Mediation Costs

When it comes to workplace mediation costs, several factors come into play:

  1. The mediator’s expertise and experience play a significant role. Seasoned professionals typically command higher fees due to their track record of successful resolutions.
  2. The duration and complexity of the case can impact costs. Longer, more intricate disputes may require more extensive mediation sessions, resulting in higher fees.
  3. Geographical location can also influence costs, with major metropolitan areas typically commanding higher rates than regional centres.

Mediator Expertise and Experience

The mediator’s proficiency is instrumental in facilitating a successful mediation process. Highly skilled mediators bring a wealth of experience and insight to the table, which can expedite the resolution process and lead to more satisfactory outcomes for all parties involved.

While the cost of hiring such accredited mediators may be higher initially, the potential savings in time, resources, and long-term harmony within the workplace make it a worthwhile investment.

Duration and Complexity of the Case

No two workplace disputes are alike, and the duration and complexity of each case can vary significantly. Some conflicts may be resolved amicably within one or two sessions, while others may require prolonged mediation efforts spanning several weeks or months.

Factors such as the number of parties involved, the nature of the conflict, and the level of cooperation can all impact the length and complexity of the mediation process, thereby influencing costs accordingly.

Location Specifics

Geographical location plays a pivotal role in determining mediation costs. Major cities like Sydney, Melbourne, Brisbane, and Perth often have higher living costs and overheads, leading to higher mediation fees.

Regional areas may offer more affordable mediation services, reflecting the lower cost of living and operating expenses. Understanding these regional dynamics can help organisations make informed decisions when selecting mediation services.

Average Costs of Workplace Mediation Services

A typical mediation session usually lasts around a half-day (4 hours), although it’s not uncommon for complex matters to go on for a full day of up to 8 hours.

In metropolitan cities such as Sydney and Melbourne, the average hourly rate for mediators typically ranges from $250 to $450 per hour.

For full-day mediation sessions, costs can escalate to $3,500 or more. In regional areas, hourly rates may be slightly lower, typically ranging from $150 to $300 per hour.

Comparison with Other Resolution Methods

While the costs of workplace mediation may seem substantial, comparing them with alternative dispute resolution methods is crucial. Litigation, for example, can incur exorbitant legal fees, potential damages and reputational harm, not to mention the significant disruption to staff morale and productivity.

Additionally, adjudication through the Fair Work Commission can entail considerable time and resource investment. In contrast, investing in mediation services offers a cost-effective and efficient approach to conflict resolution, with the potential for long-term savings and improved workplace dynamics.

Cost-Benefit Analysis of Workplace Mediation

In light of these considerations, the cost-benefit analysis of workplace mediation becomes evident. Mediation promotes a collaborative approach to conflict resolution, fostering positive relationships and preserving the integrity of the workplace environment. By investing in mediation services, organisations can save valuable time and resources and, most importantly, maintain a harmonious workplace culture conducive to productivity and growth.

Conclusion

Workplace mediation costs in Australia are influenced by various factors, including mediator expertise, case complexity, and geographical location. While the upfront costs of mediation may vary, the long-term benefits far outweigh the initial investment. By proactively addressing workplace conflicts through mediation, organisations can foster a culture of open communication, trust, and mutual respect, ultimately paving the way for sustainable growth and success.

At Segal Conflict Solutions, we understand the importance of cost-effective solutions without compromising on quality. Our mediation services offer reasonable rates that cater to the diverse needs of our clients. With a commitment to efficiency and professionalism, we strive to provide outcomes that exceed expectations while remaining mindful of budgetary considerations.

Ready to explore your organisation’s mediation needs? Contact Segal Conflict Solutions today for a personalised consultation. Our team, led by Director Saranne Segal, is committed to helping you navigate workplace conflicts effectively and efficiently. Let’s work together to build a more harmonious and productive workplace environment. Book your free 15-minute telephone consultation here.

Managing Bad Customer Behaviour: Strategies For Frontline Workers

Raised voices, swearing, name calling. These are things frontline workers in service roles often find themselves dealing with. Whether it’s a disgruntled customer in a shop, a frustrated caller on a helpline, or a challenging guest at reception, these encounters are unfortunately all too common. 

This article explores the prevalence of negative customer interactions, delves into the industries and employees most affected, and sheds light on the unintended consequences these incidents have on the overall quality of customer care.

How Common is Bad Customer Behaviour?

Statistics show the widespread nature of bad customer behaviour. According to a survey from the Australian Bureau of Statistics (ABS), over 60% of frontline workers in service industries report encountering rude or aggressive customers regularly. Industries such as retail, hospitality, and call centres tend to bear the brunt of these interactions. 

Which Industries are Most Affected?

Retail employees, call centre workers, and hospitality staff are among the most affected by bad customer behaviour. The Australian Retailers Association reports that nearly 70% of retail workers face rude customers on a weekly basis. 

Similarly, the Customer Service Institute of Australia highlights that call centre operators receive a disproportionately high number of complaints and verbal abuse. Hospitality workers, from waitstaff to hotel receptionists, regularly encounter challenging customer interactions. 

The Effect of Bad Customer Behaviour on Employees

The emotional strain on these frontline workers should not be underestimated. Research shows employees can experience anger, anxiety, restlessness, depression, frustration, and burnout. If these negative emotions are not alleviated, they could lead to employee physical or mental health disorders. The toll is not only emotional but also affects the ability of employees to provide top-notch customer care.

Detrimental Effects on Customer Care

A study by the Australian Institute of Customer Service found that employees who regularly deal with bad behaviour are more likely to experience job dissatisfaction and increased stress levels. Another study, found negative emotions triggered by dysfunctional customer behaviours have a negative impact on employees’ ability to provide attentive and empathic service to customers. The vicious cycle of negative interactions ultimately erodes the overall customer experience.

Strategies for Dealing with Rude Customers

Frontline workers need effective tools to navigate the challenges posed by rude customers. Here are my top three tips for de-escalating bad customer behaviour.

 

  • Switch into active listening mode

 

This technique involves fully concentrating, understanding, responding, and remembering the customer’s words. This diffuses tension and demonstrates empathy, potentially turning a negative encounter into a positive one.

 

  • Reframe the conversation

 

Focus on finding solutions rather than dwelling on the problem. Frontline workers should aim to redirect the interaction toward a more constructive path. This strategy not only addresses the immediate issue but also helps in preventing further escalation.

 

  • Set boundaries

 

Frontline workers must establish clear and respectful boundaries to manage customer expectations and behaviour. This empowers employees to assert themselves professionally while maintaining a positive customer experience.

Dealing with bad customer behaviour is an inevitable aspect of frontline service roles. By understanding the commonality of such encounters and recognising and acknowledging the detrimental effects on employees and their ability to deliver high-quality customer care, employers can equip staff with the necessary tools to navigate these challenges. 

Get The Skills to Master Tough Conversations in Customer Care

Our ServiceTalk workshop offers valuable strategies for frontline workers, focusing on active listening, reframing conversations, and setting boundaries. We delve deep into these techniques through knowledge and role play so you can empower your team to handle challenging interactions and enhance their ability to provide exceptional customer care.

To book your workshop or discuss your organisation’s needs, reach out to me on 02 8036 5558 or email saranne@segalconflictsolutions.com.au

How to Tackle Difficult Conversations in the Workplace (A Step-By-Step Guide)

Knowing how and when to have a difficult conversation is a vital skill for anyone in a workplace and is one of the key pillars of conflict resolution. The need to have a difficult conversation can arise for various reasons. A difference in values or perspectives, unmet performance targets, or disrespectful behaviour will, at some point, need to be addressed.

Here are some familiar scenarios I regularly encounter in my work as a conflict resolution specialist.

Approaching Someone About Their Poor Performance
Matt has been dropping the ball at work for several months. While he still shows up every day on time, he’s often not really present and seems distracted most of the time. His colleagues have been picking up the slack, but they’ve started to complain to their manager, Sam. Sam has noticed the changes as well and decided to have a conversation with Sam about it.

  1. Preparation
    Sam gathers facts, data and concrete examples illustrating Matt’s poor performance. This includes specific projects or tasks where timelines were missed and emails illustrating when Matt said he would do something and then didn’t follow through.
  2. Choosing the right time and place
    Knowing a difficult conversation should never come from a place of anger, Sam chooses a time and date in the near future for a private meeting. They book a quiet meeting room that makes it easier to have an open and honest conversation.
  3. Starting with a positive
    Sam starts the conversation by acknowledging Matt’s strengths; how even though they can see it’s been a struggle, Matt has continued to show up day after day, which shows commitment.
  4. Using the right language
    Sam ensures they use “I” statements to express their concerns about the observed decline in performance.
  5. Being specific and objective
    When providing examples to Matt, Sam focuses on the behaviour, not Matt’s personal traits.
  6. Listen to their perspective
    Sam leaves plenty of time for Matt to give their perspective on the change in behaviour and performance. This gives Sam insights into the challenges Matt has had.
  7. Identifying root causes
    Together, they can identify the root cause of Matt’s performance issues. His partner has been diagnosed with an illness that requires intensive treatment, coupled with a change in process at work that has meant Matt needs to do additional tasks he doesn’t have time for.
  8. Set clear expectations
    Sam and Matt discuss specific steps they will take to address the performance issues. Matt agrees to take a day-a-week carer’s leave to support his partner, and Sam will investigate the change in process to see how that can be better managed.
  9. Follow-up and monitor progress
    Sam puts a fortnightly catch-up in the diary so they can check in and ensure the steps they’ve agreed upon are working.

Approaching Someone About Their Disrespectful Treatment of You
Brooke’s co-worker, Helen, continually talks over her in meetings. Whether it’s just the two of them, or a broader team meeting, if Brooke says something, Helen cannot help but interrupt her. It’s been happening for several months, and other colleagues have commented on it to Brooke. She decides to speak to Helen about it.

  1. Preparation
    Brooke gathers examples of when Helen acted disrespectfully. This includes specific meetings and what was said.
  2. Choosing the right time and place
    Brooke asks Helen if they can chat privately. She books a room away from their colleagues’ eyes and ears.
  3. Starting with a positive
    Brooke begins by talking about the positives of their working relationship.
  4. Using the right language
    She uses “I” statements to express her concerns.
  5. Being specific and objective
    When providing examples to Helen, Brooke focuses on the behaviour, not Helen’s personal traits. She communicates the impact the constant interrupting is having on her mental health and well-being.
  6. Listen to their perspective
    Brooke gives Helen the opportunity to respond. Helen says she was unaware she was doing it but can see from the examples that she is indeed interrupting her constantly. She says she feels terrible about it.
  7. Setting boundaries and expectations
    Brooke says she appreciates Helen’s response and hopes they can have a more positive working relationship going forward. Had Helen responded defensively, Brooke would have highlighted the consequences of the behaviour continuing and communicated that she may have to lodge a complaint if the behaviour doesn’t stop or she would ask for a neutral third party to mediate.

I cover this and more in my highly popular workshop, Manage Difficult Conversations and Communicate Better. Everyone can benefit from improving their communication skills—it leads to a happier, more harmonious workplace.

To book your workshop or discuss your organisation’s needs, reach out to me on 02 8036 5558 or email saranne@segalconflictsolutions.com.au

Will workplaces be better in 2024? Here are 5 predictions.

As we bid farewell to 2023, workplaces are navigating a path forward, defining their future. In many ways, it’s been another year of workplaces finding their feet. Some continue to embrace the lessons and ways of working developed during the pandemic, while others are rolling back certain freedoms. As we head into 2024, I share my five predictions that will impact workplace culture. Join us in exploring five key trends for 2024 that will reshape the landscape of workplace culture.

  1. An increased risk of industrial action and employee activism For a while there, employees had the upper hand as the Great Resignation and quiet quitting were at the forefront of the workplace. Fast forward, and the economic downturn has dampened these trends, turning the balance of power back towards employers. However, the stresses of financial difficulties can manifest in activism. A view shared by half of Australian leaders who think the cost-of-living crisis will result in industrial action, according to a report from Herbert Smith Freehills
  2. Continued DEI focus with a spotlight on pay equality. A federal government change to the law means the gender pay gap of every business employing more than 100 people will become public. Some firms could see a substantial gap and potential public fallout. Companies can publish a statement about their situation that provides context alongside the data. I believe this will be an important catalyst that will strongly encourage businesses to be accountable for doing their part to fix a broader problem.
  3. Embedding hybrid-friendly conflict resolution practices
    Despite many businesses mandating a return to the office, most still offer a hybrid way of working. This means WFH-friendly practices around managing conflict are here to stay. I think 2024 will see HR embed these into policies and make online mediation and conflict training the norm, enabling all workers to participate regardless of location. 
  4. Employee Wellbeing Burnout was one of the buzzwords of 2023 workplaces, so I predict a renewed focus on employee mental health and wellbeing next year. Workplaces will embrace technology to help provide solutions, including online resources such as apps or even wearables that help employees track and prevent health issues. I also think we’ll see a strategic shift in some organisations that are seriously considering a 4-day work week and other ideas that foster a supportive workplace culture, such as doona days, improved EAP provisions, and promotion of work-life balance.
  5. Investment in communication skills
    2023 has been the year of technically upskilling employees as they learn to use AI and automation to enhance their work. 2024 will be the year of focusing on employees’ people skills. Employers recognise that more gets done in a harmonious workplace than in one filled with conflict. Empowering employees with the knowledge and skills to effectively communicate and overcome difficult conversations with ease improves efficiency, well-being and profitability. 

If your workplace wants to improve its culture in 2024, I can help. Whether you need workshops that help people communicate better, mediation to resolve conflict, or get to the root cause of a toxic workplace, reach out to me on 02 8036 5558 or email saranne@segalconflictsolutions.com.au
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Promoting a Safer Workplace: NSW’s Respect at Work Strategy for Preventing Sexual Harassment

The NSW government recently released SafeWork’s NSW Respect at Work Strategy: preventing sexual harassment. It’s a comprehensive four-year plan to prevent and address sexual harassment in workplaces across NSW. 

It’s a response to the landmark Respect@Work report by the Australian Human Rights Commission and the facts that:

  • 1 in 3 Australians have experienced sexual harassment at work in the past five years, according to a 2022 Australian Human Rights Commission report.
  • Sexual harassment occurs in every industry and at every level, regardless of business size.

Aligning with Respect@Work, the strategy takes a proactive, prevention-led approach to create safer and more respectful work environments and places businesses front and centre for taking responsibility for health and safety in their workplace – including preventing sexual harassment.

There are five key objectives of the strategy

  1. Educate

Raising awareness among NSW businesses about their proactive duty to prevent and respond to workplace sexual harassment.

  1. Capability

Equipping NSW workplaces with knowledge and tools to effectively prevent and respond to workplace sexual harassment.

  1. Action
    Encouraging NSW workplaces to take effective and systematic actions to prevent and respond to workplace sexual harassment.
  1. Effective Regulation

Strengthening and enforcing WHS laws to protect workers from sexual harassment.

  1. Prevention-Led
    Emphasising a prevention-led approach to addressing the underlying drivers of workplace sexual harassment.

How can organisations respond to these?

Like almost everything, it must come from the top down. It must start with Leadership. It is not a set-and-forget policy task to be allocated to HR but a compliance-prevention plan supported and driven by those at the top.

Educate

For prevention to be successful, education needs to be specific and provided to everyone within the business.

Ways to educate your employees

  • Develop policies and procedures for preventing sexual harassment and communicate them to everyone in the workplace, including workers, visitors, customers and patients.  
  • Train staff through interactive workshops on the definitions of sexual harassment and bullying so they can recognise the behaviours and take appropriate action. 
  • Promote the benefits of a gender-equal, inclusive, and diverse workplace. 

Capability

Organisations need knowledge, processes and procedures to prevent and respond to workplace sexual harassment. 

Ways to build your capability

  • Identify, assess and control the risks and review the controls around workplace sexual harassment.
  • Take continuous action to learn about and meet your WHS obligations  
  • Regularly assess environmental risks​, for example, remote, isolated, evening work, and consumption of alcohol in the workplace and include them in your policies​ ​ 

Action

Knowledge and processes are one thing. Taking action is another. Have effective and systematic actions in place that mean you can empower prevention and respond quickly. 

Ways to take action

  • Understand deeply what is happening in your organisation by conducting a culture review. 
  • Be explicit and firm about the process and negative ramifications for anyone found to have sexually harassed anyone in the workplace. 
  • Empower staff to refuse or cease services to customers, clients and colleagues who display disrespectful behaviours.  

Effective Regulation

Workplace sexual harassment creates risks to workplace health and safety. It can lead to psychological or physical harm. NSW’s WHS laws state businesses must ensure, so far as reasonably practicable, the health and safety of workers. This includes taking steps to eliminate or minimise the risk of sexual harassment.

Ways to ensure compliance

  • Provide appropriate support to employees.
  • Meet the effective regulation objective and conduct unbiased workplace investigations by using an external third party.
  • Know how to report and get support for sexual harassment in the workplace.

Prevention-led

Treat the prevention of sexual harassment in the workplace with adequate time, effort and resources it requires. 

Ways to prevent sexual harassment 

  • Consider high-level controls to help eliminate or minimise risk to meet the Respect@Work Bill and OHS/WHS obligations.
  • Create a safer work environment where everyone is empowered to manage conflict
  • Review relevant documentation, including policies and procedures, codes of conduct, workplace incident reports, and grievances/complaints.

Respect in the workplace and a prevention-led approach to workplace sexual harassment is everyone’s responsibility but has to be driven by senior leaders. NSW organisations can benefit by using this strategy as a catalyst for greater, embedded safety for all employees. 

Get started today. Contact us at 02 8036 5558 or email: saranne@segalconflictsolutions.com.au.

10 Common Mistakes in Workplace Investigations…and how to avoid them

Workplace investigations have become integral to maintaining a productive and harmonious work environment. However, many organisations inadvertently make critical mistakes during the investigation process that can undermine the effectiveness of their efforts. 

This article explores these common pitfalls while drawing insights from Sean Melbourne, the Executive Director of Source Workplace, who brings over two decades of experience as an employment lawyer to the discussion.

1: Overlooking Alternative Conflict Resolution Methods

Organisations can often do a knee-jerk reaction and start an investigation without considering alternative options for resolving workplace issues. As Melbourne says, “Try and avoid reaching for legal solutions too quickly.” Alternative conflict resolution methods like mediation can often resolve issues more amicably and cost-effectively, preventing unnecessary escalations, strained relationships, and significant costs.

2: Lack of Planning

A well-structured investigation requires careful planning. Without it, confusion and inefficiency can reign. Leaders must establish clear objectives, timelines, and roles for all parties involved. Setting up a conflict resolution framework to create guidelines for addressing issues as they arise and preventing them from festering is essential for any HR department.

3: Having a Delayed Response

Time is of the essence in workplace investigations, especially when it’s serious, such as fraud or sexual misconduct. Procrastinating or delaying an investigation can cause issues to escalate and worsen. Studies also show that some investigations are often not concluded or done unsatisfactorily. We suggest that investigations ideally be concluded within a month, maximum, to prevent undue stress and disruption within the workplace. Learn how to solve complaints within 30 days.

4: Using an Internal Investigator

While using internal resources for investigations can be practical, it can also introduce bias or conflicts of interest. Failing to consider external workplace investigators can compromise the investigation’s integrity. Melbourne emphasises the need for impartiality and objectivity, stating that “external investigators bring objectivity and impartiality to the process, ensuring a fair and unbiased inquiry.”

5: Ignoring Confidentiality

Maintaining confidentiality is paramount during workplace investigations. Breaching the confidentiality of involved parties can discourage witnesses from coming forward and compromise the process’s integrity. Strict confidentiality must be maintained to protect all parties and the investigation’s credibility.

6: Poor Documentation

Inadequate documentation of the investigation process is a critical error. Comprehensive documentation ensures that thorough and organised records are maintained, including interviews, evidence, and findings. This documentation becomes crucial if legal issues arise.

7: Not Adhering to Natural Justice/Procedural Fairness

Failing to follow the principles of natural justice, such as allowing the parties to be heard and providing a fair and unbiased process, can undermine the legitimacy of the investigation. Consider alternatives to investigations, such as facilitation or mediation, to avoid situations where one person feels aggrieved while the other feels righteous. 

8: Neglecting Legal Compliance

Not adhering to employment laws and regulations can result in legal liabilities. Ensure investigations are conducted in compliance with applicable laws, particularly when allegations involve issues like bullying, harassment, or privacy violations.

9: Inadequate Communication

Failing to communicate the progress and outcomes of the investigation to involved parties can lead to confusion, frustration, and distrust among employees. Keeping all stakeholders informed about the process and outcomes within legal constraints is essential for maintaining transparency and trust.

10: Rushing to Conclusions

Jumping to conclusions without gathering all relevant evidence can result in incorrect findings and damage innocent parties’ reputations. Melbourne emphasises the need to “investigate thoroughly before drawing conclusions” to avoid misjudgments and their adverse consequences.

While workplace investigations are necessary in certain situations, avoiding these common mistakes can help organisations navigate the process more effectively and achieve a satisfactory outcome for all parties involved.

Contact me today if you need mediation, facilitation or an external workplace investigator who will handle your situation with care, compassion and impartiality. Call 02 8036 5558 or email: saranne@segalconflictsolutions.com.au