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.

2. Capability

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

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

4. Effective Regulation

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

5. 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.

The terms Red Zone and Green Zone were coined by James W. Tamm and Ronald J. Luyet in their book Radical Collaboration.

Collaboration is at the foundation of conflict resolution. When two people are aligned in their desire to collaborate, resolving issues is so much easier – in fact, it doesn’t feel like conflict. 

Red Zone explained

When we approach conflict from the red zone, it means we’re coming from a place of self-interest. We’re defensive. We want to win the argument. If you know the phrase “It’s my way or the highway”, then you’ll know what the red zone feels like.

Bottom line, it’s very hard to get things done when we’re in the red zone (which we all will be at some point). Even if things do go our way, it’s likely to cause resentment and bad feelings from the other party. So a win doesn’t necessarily feel like a win anyway.

Green Zone explained

When we approach conflict from the green zone, it means we’re coming from a place seeking to understand. We’re driven to find creative resolutions so everyone feels like they’ve had a win. 

Bottom line, getting things done when we’re in the green zone is much easier. By collaborating and cooperating, everyone can come out ahead, resulting in a happier, united environment. 

Picture the scenario:

Michael wants to implement a new process that helps speed up customer deliveries. However, it requires Sam to complete additional tasks. Sam says their workload is already at maximum capacity. 

Red Zone Approach

Michael says they aren’t concerned about Sam’s capacity, they’ll simply need to find a way to get the additional tasks done.

Sam, point blank refuses to take on extra work.

The result is increased tensions in the workplace, resentful feelings from both parties, and the end customer not benefiting from faster deliveries.

Green Zone Approach

Sam recognises that this new process will benefit the customer, so approaches Michael to discuss how they can make it work. 

Michael realises this is additional work for Sam, and together they discuss what tasks Sam can delegate in order to implement the new process. 

The result is Michael helps Sam find someone to take over some of their current tasks, freeing them up to do the tasks associated with the new process. 

Michael is happy because the deliveries are faster, which increases customer satisfaction, and Sam is happy because their workload has not increased.

How to move from the red zone to the green zone

Being in the red zone is part of the human condition. The more we practice being in the green zone, the easier it becomes, but in all of it, self-awareness is key.

Next time you’re faced with potential conflict and feel yourself getting stressed, angry or defensive, try these things.

1. Stop: Take 5 minutes to walk away from the scenario, slow down and cool off. 
2. Recognise: What you’re feeling, accept your reaction and allow it to pass.
3. Reflect: On what you’re feeling and if there are any underlying issues. 
4. Reset: Think about how you can restart the conversation in a more collaborative way.

My workshop, How to Manage Difficult Conversations and Communicate Better, helps people better understand their red and green zones and provide strategies and skills that help them feel equipped to manage conflicts that arise.

Don’t just take my word for it. Here are a few quotes from participants of a workshop I ran last month.

“I will implement many of these solutions into work and daily life”. 

“I will definitely use the new skills acquired today”.

“Role plays were very valuable.”

Contact me today if this sounds like something your workplace could benefit from. Call 02 8036 5558 or email: saranne@segalconflictsolutions.com.au

Conflict is an undeniable reality when people spend their days together in the workplace. It can arise between colleagues, permeate entire teams or emerge between managers and their employees. However, the challenges posed by workplace conflict can be overcome. In this blog post, we will delve into the intricacies of workplace conflict, uncover its root causes, highlight the potential costs it incurs, and provide valuable tips from a seasoned mediator on how

Types of Workplace Conflict:

Workplace conflicts can manifest in different ways, including:

• Interpersonal Conflict occurs when individuals have personal differences, clash in personalities, or experience a breakdown in communication.
• Task Conflict: Task-related conflicts arise from work-related goals, processes, or responsibilities disagreements.
• Leadership Conflict: Conflict may arise when managers and employees have conflicting expectations, communication breakdowns, or differences in leadership styles.
• Organisational Conflict: Conflicts stemming from structural issues, competing interests, or organisational changes fall under this category.

What Causes Conflict at Work?

Several factors contribute to workplace conflict:

• Communication Issues: Poor communication, misunderstandings, or misinterpretations can lead to conflicts.
• Differences in Values and Perspectives: Conflicting individual values, beliefs, or perspectives can spark disagreements.
• Role Ambiguity: Unclear roles, responsibilities, or expectations can cause conflicts within teams or between managers and employees.
• Scarce Resources: Conflicts can arise when there is competition for limited resources, such as budget, time, or personnel.

The Cost of Conflict in the Workplace

Unresolved workplace conflict can have significant consequences:

• Decreased Productivity: Conflicts can disrupt workflow, reduce collaboration, and hamper overall productivity.
• Increased Stress and Burnout: Employees involved in conflicts often experience heightened stress levels, leading to decreased job satisfaction and increased burnout.
• Employee Turnover: Persistent conflicts may result in talented employees leaving the organisation, leading to increased recruitment and training costs.
• Hostile Work Environment: Unresolved conflicts create a toxic work atmosphere, affecting team morale and overall job satisfaction.

Tips for dealing with conflict:

1. Deal with it early:

Don’t avoid it or pretend nothing has happened. Often you will find managers completely shy away from situations with even a whiff of conflict, hoping that the conflict will somehow go away or resolve itself. Unfortunately, as time goes on, the conflict only will escalate. Deal with these uncomfortable issues as soon as possible.

As a workplace mediator, it is common to be brought into the dispute when it has blown up, and it is at the stage where the employee threatens to walk or litigate. Our advice is that if you notice a conflict between employees, get them to sort it out sooner rather than later and encourage them to find a way to work it out directly with each other.

We often see that a manager has tried to mediate multiple points of view, wearing the mediator’s cap with no solvable outcome. Sometimes despite a manager’s good intentions, it is necessary to bring in professional mediators because it certainly is not easy trying to navigate across multiple types of personalities where each person is coming from a different place, especially if this is outside the manager’s specific area of expertise.

2. Communication is key: 

As a mediator who frequently handles workplace disputes, I have witnessed firsthand the pivotal role that communication plays in achieving positive conflict resolution. To initiate meaningful dialogue, it is crucial to acknowledge the existence of the conflict. When individuals come together to address the issue, each person should be given ample time to express their perspective on the situation.

Equally important is the clear definition and understanding of the needs of all parties involved. Finally, it is essential to remember that this is not the time to engage in attacks or assign blame. By fostering open and constructive communication, the path towards resolution becomes clearer.

3. Listen carefully:

In my experience, listening with empathy to the other person’s needs, thoughts, and beliefs can work miracles. Sometimes a person just needs to be heard to feel valued, and often, this opportunity is not given to them. To actively listen to someone means putting yourself in the other person’s shoes and then paraphrasing what they say to ensure you have understood correctly. This is a challenging thing to do, especially when you have strong divergent viewpoints.

It is, however, worth the effort because when people feel understood, their need to hold onto their position in the conflict can dissipate, and a path toward understanding and agreement can be paved.

4. Find agreement: 

During the process of resolving conflicts, your conversations will naturally centre around the issues at hand. We commonly feel a strong urge to prove that we are right and the other person is wrong—a win/lose mentality. However, it’s essential to recognise that a genuine resolution often arises when both parties find common ground. Rather than focusing solely on differences, take the opportunity to discuss shared interests and values.

By actively looking for these commonalities, you can foster understanding and empathy. It’s valuable to share examples where you genuinely see the other person’s point of view. This approach promotes agreement and demonstrates a genuine willingness to rebuild the relationship on a foundation of shared understanding and cooperation.

5. It may be time to engage an impartial mediator: 

If these strategies are not working, it may be necessary to bring in an impartial mediator to try to restore the working relationship between the conflicting parties. Using a mediator with no allegiance to the organisation means employees are more likely to trust the process and be more willing to engage in the discussions to work towards positive outcomes in the organisation’s best interests.

The mediator’s role is to help the parties identify the issues and the core problems surrounding the dispute, and step by step, with the mediator’s help, they explore options and work towards a resolution that benefits both parties as well as the organisation.

Conclusion: 

Organisations must promptly and effectively address workplace conflict as it poses a significant challenge. By implementing the tips provided in this blog—dealing with conflicts early, prioritising communication, actively listening, finding common ground, and seeking professional mediation—companies can foster a positive work environment and nurture healthy relationships among team members. In addition, conflict resolution requires understanding, patience, and a genuine desire to find mutually beneficial resolutions.

To truly promote a collaborative and thriving workplace, it is essential for individuals to approach workplace conflict proactively. Embrace open dialogue, acknowledge the existence of conflicts, and work towards resolutions that benefit all parties involved. By investing in conflict resolution strategies, organisations can minimise the negative impact of conflicts, enhance productivity, boost employee satisfaction, and achieve overall success.

Remember, the next time you encounter workplace conflict, be proactive in addressing it, facilitate open communication, and actively seek resolutions that benefit everyone. We can create a harmonious work environment where conflicts are constructively addressed, paving the way for a more collaborative and thriving workplace.

What does the word productivity conjure up for you? Manual labour, physical output or efficiency? Pre-pandemic, it was easier to measure productivity (inaccurately) based on the time an employee spent at their desk.

With most office-based employees working at least some time at home, many workplaces struggle with ‘productivity paranoia.’ This is despite numerous surveys showing hybrid workers sleep and exercise longer, dedicate more time to establish healthy eating habits, and report spending more time on their health and well-being.[1]
. 

One solution workplaces are leveraging is the use of surveillance tools and software. While more common in the US – with a reported 96% of fully remote companies using it[2], Australia is not exempt.  Recently, CBA was scrutinised for harvesting information such as physical attendance and computer data. It used this to force workers to apply for leave if their activity suggests they aren’t productive enough.[3]

Some shocking statistics from the US survey found monitoring methods used by employers including:

• Monitoring web browsing and app use (62%)
• Blocking content and apps (48%)
• Tracking attention via biometrics (45%)
• Capturing random screenshots (43%)
• Logging keystrokes (37%)

But are these forms of micro-management and acute observation really optimising employees’ work time and improving their productivity? Is understanding how busy someone appears to be helpful? Or are organisations better off focusing on the goals and objectives being met (or not)? 

I recently interviewed author, entrepreneur and thought leader Seth Godin; this was one of the topics we touched on. He believes organisations focusing on individual growth and impact instead of taking attendance, long Zoom calls, and having cameras over desks are more successful in leading distributed workforces. “Obedience isn’t the point when we talk about our passion. Obedience is the mindset of school, a test of compliance. But that’s not what employers are paying people for. You are paying them to make a change happen.”

This change Seth refers to provides employees with significance – or purpose, in their jobs. It’s the feeling of achievement, of impact, and it doesn’t have to be large-scale. Just making a difference to your team or a few customers is enough. 

This is backed up by other studies, like this one from Gartner, that suggests that employees want a shared purpose and are looking for their employers to deliver concrete action on purpose, not just through corporate statements.

Organisations need to do more than talk. They must deliver on their mission and vision and think carefully and strategically about the employee experience. The need to view your workforce as individuals, as people you care about, can be the difference between developing a company that thrives or survives.

Fostering a workplace environment that focuses on individual purpose, growth, and impact towards shared goals drives productivity in itself. Organisations that do this will be ahead of the curve, reduce workplace conflict and attract and retain the best talent in the market.

Contact me today if you need help establishing a culture that’s fit for purpose. Call 02 8036 5558 or email: saranne@segalconflictsolutions.com.au

 

The 2023 Industrial Relation Reforms (IRR) should be high on the priority list for all workplaces. Not only is it the right thing to do, but employers who do not comply could also face legal consequences and fines. 

The IRR is positive news. The aim is to make workplaces more fair and equitable, which will improve employee relations and sentiment while reducing the risk of disputes and claims. Organisations that embrace the reforms are more likely to attract and retain employees. 

In this blog, we take a high-level look at the changes and how businesses can measure their success.

Sexual Harassment in the Workplace

The Federal Government’s Respect@Work report found sexual harassment pervasive in Australian workplaces.

• In response, sexual harassment is now defined as ‘serious misconduct’ in Fair Work Regulations amendment.
• Sexual harassment is now a valid reason for dismissal in determining whether the dismissal was harsh, unjust or unreasonable.​

Employers have a positive duty to prevent discrimination, harassment and unlawful conduct by their employees or agents. Simply reacting to incidents after they occur is no longer sufficient.

Employers and Person Conducting a Business Undertaking (PCBUs) must take “reasonable and proportionate measures” to eliminate sex discrimination, including sexual harassment, as far as possible. These measures vary according to an employer’s particular circumstances, including the size and nature of the business, available resources and practicality and cost.

Subjecting another person to a hostile workplace environment based on sex​ is prohibited.

New provisions in the Sex Discrimination Act​ prohibit this conduct. The reasonable-person test applies to determine if the conduct is offensive, intimidating, or humiliating to a person based on their sex.

Factors to consider when determining if the conduct is unlawful​:

• The seriousness of the conduct​
• Whether the conduct was continuous or repetitive​
• The role, influence or authority of the person engaging in the conduct​

A hostile work environment can be created by various types of conduct, such as:​

• Displaying sexually explicit or pornographic materials​
• Making sexual comments or jokes​
• Engaging in unwanted physical contact or advances​
• Using derogatory or insulting language or slurs​
• Making unwelcome sexual propositions or demands​
• Singling out an employee for unwanted attention or criticism based on their sex​

If they are severe or pervasive enough, any of these behaviours can create a hostile work environment and make an employee feel uncomfortable or intimidated based on their sex or gender.​

Workers, prospective workers and PCBUs are protected from sexual harassment and can choose how to pursue their dispute. 

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 now includes a prohibition on sexual harassment.​

It also establishes a new way for employees to deal with sexual harassment complaints. The Fair Work Commission has introduced a dispute resolution process, allowing them to deal with disputes through conciliation or mediation. Where a dispute cannot be resolved in this way, and the parties agree, the Commission can settle the dispute and make orders, including for compensation. 

Employees will now have the choice to pursue their dispute through the Fair Work Commission, the Australian Human Rights Commission (AHRC) or applicable state and territory anti-discrimination processes.​

The small claims limit also increases from $20,000 to $100,000. These changes come into effect on 6 March 2023.​

The Commission has powers to monitor, assess and enforce compliance

Changes to the AHRC Act enable the Commission to: 

• Monitor, assess, and enforce compliance with the new positive duty in the Sex Discrimination Act.
• Conduct inquiries, issue compliance notices, apply to the federal courts for an order to direct compliance and enter into enforceable undertakings.​
• Inquire into systemic unlawful discrimination.
• Reasonably suspect non-compliance based on a range of information, including advice from other agencies, impacted individuals, and media reporting.​

Overall, these amendments are aimed at addressing sexual harassment and other forms of unlawful discrimination in the workplace, making it easier for individuals to seek redress and promote compliance with the law.

Representative Actions​

​Additional changes enable representative bodies, such as unions, to be able to proceed to court. Organisations may face representative actions from unions and other representative bodies, as well as individual claims for sexual harassment under the amended Fair Work Act 2009.​ 

New protected attributes under the Fair Work Act

Breastfeeding – includes the act of expressing milk; and includes an act of breastfeeding and breastfeeding over a period of time.​

Example: An employer dismisses an employee because she was breastfeeding her child during a work-related Zoom meeting.​

Gender identity – means the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.​

Example: A prospective employer decides not to employ an individual following an interview because the person discloses their intersex status.​

Intersex status – means the status of having physical, hormonal or genetic features that are neither wholly female nor wholly male; or a combination of female and male; or neither female nor male.​

Example: An employer discriminates if HR refuses to change internal employee records to recognise an employee’s preferred name or to use their preferred pronouns.​

Aggrieved individuals will be able to file an application with the Fair Work Commission and benefit from a conciliation conference to resolve the matter. Existing avenues of complaint in State-based anti-discrimination tribunals are still available.​

Flexible working arrangements

The Secure Jobs Better Pay Bill, effective 6 June 2023, will make it harder for employers to refuse a request. It will be extended to pregnant employees and employees who are themselves (or a member of their immediate family or household) experiencing family and domestic violence.:

Other changes

Ban of pay secrecy. Employees will have the right to share information about their pay and remuneration and ask others about theirs during employment and post-employment.

Fixed-term contracts will be capped at two years, with some exceptions. 

Enterprise bargaining has many changes and can be found in detail on the Fair Work Commission website.

How can organisations minimise their risk of non-compliance?

• Review and update policies and procedures​
• Collect and monitor data​
• Provide appropriate support to employees
• Respond promptly and effectively to any reports or complaints of sex-based workplace issues, including sexual harassment​
• Deliver training and education on a regular basis​
• Create a culture that supports and values workplace diversity, inclusion, and respect.​

Respect@Work starts with workplace culture

Organisations with a healthy culture experience better employee satisfaction and retention, fewer complaints and less conflict. In the last few months, I’ve had many organisations contact me ahead of these changes, concerned that they don’t have a baseline of their workplace culture.

They might have a feel or an idea but no facts. No data. Nothing concrete on which they can build, improve and measure. 

We can help. Our workplace culture reviews include:

• Reviewing relevant documentation, including policies and procedures, codes of conduct, workplace incident reports, and grievances/complaints.
• Collecting information through surveys, focus groups and, if appropriate, confidential interviews.
• A written report that contains observations and recommendations and a guide for additional or ongoing support. 

Organisations can benefit by using IRR as a catalyst for greater, embedded cultural change. 

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