Bicknell Law & Consulting

Don’t Horse Around! Some workplace wisdom from your friendly Poet Lawyer-ate. The first Tuesday in November The day that stops the nation Every workplace takes a spell To join the celebration It’s not my place to be a nag But as a lawyer it behooves The sharing of a friendly tip About career limiting moves Tis’ too late to shut the gate After the horse has bolted So pace yourself on Cup Day Don’t leave others revolted Don your hat and have a punt But drink in moderation Cos if you horse around too much It may cost you your vocation! For more law-based lols like these, sign up to my newsletter. There is some serious business mixed in with some funny bits. 👇🏾 https://lnkd.in/gJivBkh #MelbourneCup #WorkplaceWisdom #DontHorseAround #JenBicknell #JenniferBicknellCoaching #Speaker #DifficultConversations #RealLifeConversations #WorkplaceCulture #EmploymentLaw

I loved having the opportunity to present to a wonderful group of pharmacy owners in Canberra last week! I spoke to the Capital Chemist Group at their Forum XXI about 'Harassment In The Workplace – Handling Difficult Customers and Supporting Your Team'. They were such a welcoming and switched on audience, thank you for making it such a pleasure to be a part of your event. And of course a huge thank you to Capital Chemist Group, their partners, and head office staff - particularly Andrew Topp, Sandra Ferrington, Cathy Rice, Tim Mizzi, Justin Smith, and Nick Johnson - for inviting me to present. #JenBicknell #JenniferBicknellCoaching #Speaker #DifficultConversations #RealLifeConversations #WorkplaceCulture #EmploymentLaw #CapitalChemistGroup #WorkplaceHarassment #StaffCoaching #EmpowerYourStaff

"Brain fart" Leads to Dismissal A boilermaker was alleged to have used a die grinder to draw a picture of a penis and words into the paint work on the roof of a tanker. His employer determined that he did so and summarily dismissed him on the basis that he had admitted to the conduct. The admission was later denied, but a colleague alleged that they had witnessed the conduct. The boilermaker filed an unfair dismissal claim in the Fair Work Commission. When asked why he didn’t report it at the time the colleague said: "Well, when you work side by side with people and you're working in close quarters with everyone, and people make mistakes, people have brain farts, . . . you hope that they sort of fix it on their own”. The Fair Work Commissioner concluded that "on the balance of probabilities, I am satisfied that the [boilermaker] drew the penis graffiti and admitted to the same”. He determined that the dismissal was not unfair and dismissed the application. Take Out Point: Brain farts can have serious consequences. See: https://brnw.ch/21wNQ00 --- Have you subscribed to my eNewsletter yet? There is some serious business mixed in with some funny bits, the perfect balance of laughing and learning. 📩 https://brnw.ch/21wNQ01 #CasesYouNeedToKnowAbout #JenBicknell #JenniferBicknellCoaching #Speaker #DifficultConversations #RealLifeConversations #WorkplaceCulture #EmploymentLaw #BusinessLaw

Dear Jen, One of my employees is spinning on thin ice. She's moonwalking out of work early every day to go to breakdancing lessons. She's busting moves whilst my business is going bust. How do I let her know I'm at breaking point without popping my top? Cheers, Breakdown Boss --- Dear Breakdown Boss, Don't get me wrong, I've been known to bust out the odd "kangaroo" and "sprinkler" in my time - but never during business hours. Have a gentle chat with your windmill warrior. Let her know it’s fine to pop and lock after hours, but when she’s on the clock, the only thing she should be breaking is her performance targets. Good luck. Cheers, Jen --- Have you subscribed to my eNewsletter? There is some serious business mixed in with some funny bits, the perfect balance of laughing and learning. 📩 https://brnw.ch/21wNNzQ #DearJen #JenBicknell #JenniferBicknellCoaching #Speaker #DifficultConversations #RealLifeConversations #WorkplaceCulture #EmploymentLaw

Job of the Week: 'Best seats in the house, best job in the world' During my recent trip to the Paris Olympics, I was in awe as cute remote controlled cars collected discuses and returned them to the athletes at Stade de France. I wasn’t alone. Tik Tok went into meltdown with wannabe drivers dreamt of sitting with their “bestie chatting, driving cool mini-cars and watching Olympians do stuff all around you” and complained “once again, I have beef with my high school guidance counsellor”. Needless to say, you will know where to find me come Brisbane 2032. 📩 https://brnw.ch/21wNJnI #JobOfTheWeek #JenBicknell #JenniferBicknellCoaching #Speaker #DifficultConversations #RealLifeConversations #WorkplaceCulture #EmploymentLaw #BusinessLaw

What am I seeing out there in the workplace world? The Closing Loopholes changes were introduced on 26 August 2024 introducing new definitions of “employer” and “employee”, employees having a right to disconnect in certain circumstances, and changes to the way we deal with casual employees and independent contractors. The changes are not just cosmetic. These links from the Fair Work Ombudsman site are helpful to understand your rights and obligations: * The Right to Disconnect - https://brnw.ch/21wNEMt * Changes to Casual Employment - https://brnw.ch/21wNEMu * Changes Regarding Independent Contractors - https://brnw.ch/21wNEMs The Information Statements that must be provided to all employees, casual employees and fixed term employees have been updated (and the frequency changed for casual employees). 👉See: https://brnw.ch/21wNEMw 📩 https://brnw.ch/21wNEMv #CasesYouNeedToKnowAbout #JenBicknell #JenniferBicknellCoaching #Speaker #DifficultConversations #RealLifeConversations #WorkplaceCulture #EmploymentLaw #BusinessLaw

Buzzphrase of the Week: “Workplace Presence” A loud collective shriek was heard when the head of the NSW Premier's Department directed that NSW public sector employees must now "principally" work from their "approved" office or workplace, because “workplace presence builds strong public institutions”. Whilst “many workplaces allow for ad hoc variations according to the needs of employees and organisations…the starting point is that work is principally done in an approved workplace in NSW". 💭Take Out Point: Will this have flow-on effect for the private sector? Yes. It’s already started. For example, PwC has said it will use location data to enforce their back to the office rule and TAB Corp have ordered staff back to work 5 days a week. See: NSW Govt workplace presence: https://brnw.ch/21wNCrS PwC tracking employees: https://brnw.ch/21wNCrV TAB Corp back to the office: https://brnw.ch/21wNCrT. 👉 Have you subscribed to my eNewsletter? There is some serious business mixed in with some funny bits, the perfect balance of laughing and learning. 📩 https://brnw.ch/21wNCrU #buzzwordoftheweek #JenBicknell #JenniferBicknellCoaching #Speaker #DifficultConversations #RealLifeConversations #WorkplaceCulture #EmploymentLaw #BusinessLaw #workplacepresence

The Latest Perk for Gen Z: Tinder Leave Global influencer and entertainment company Gushcloud International is sponsoring “Tinder subscriptions and the Tinder Leave as an upgraded Gushcloud employee perk" across Asian markets. The subscription and additional day of paid leave is designed to “take care of [Gushcloud’s] employees in their relationship goals, whether that’s meeting new people, making new friends or finding a life partner". According to a Tinder spokesperson, "Gen Zs are redefining the idea of work and the workplace, focusing increasingly on their work-love-life balance”. 👉 Take Out Point from a Gen X CEO (ahem, me): In these challenging economic times, not sure Aussie employers will embrace this idea. See: https://lnkd.in/g5kgmsNf --- Have you subscribed to my eNewsletter yet? There is some serious business mixed in with some funny bits, the perfect balance of laughing and learning. 📩 https://brnw.ch/21wNA6m #CasesYouNeedToKnowAbout #JenBicknell #JenniferBicknellCoaching #Speaker #DifficultConversations #RealLifeConversations #WorkplaceCulture #EmploymentLaw #BusinessLaw

So, 33 years ago today, I started work at Minter Ellison as a junior solicitor. Many adventures have been had and friendships formed since then. Here’s to the next 33 years!

When Serious Misconduct Justifies Dismissal An employee claimed 4 days’ jury service leave despite not being required to attend Court, used inappropriate and offensive language during a work meeting, and failed to attend a disciplinary meeting (ie refused to follow his employer’s lawful and reasonable direction). After being summarily dismissed from his employment, the employee brought an unfair dismissal claim in the Fair Work Commission. At the hearing, the employer pointed to additional examples of misconduct, however the FWC found that the employer did not establish that a pattern existed. Despite this, the other incidents were found to provide a valid reason to dismiss and the employer had followed a fair process. The employee’s claim of unfair dismissal was dismissed. Take Out Point: Employers do not need to prove every reason for a dismissal, provided that at least one reason is found to be valid and a fair process has been followed. See: https://brnw.ch/21wLPA3 #CaseYouNeedToKnowAbout #UnfairDismissal #FairWork #FWC #JenBicknell #JenniferBicknellCoaching #Speaker #DifficultConversations #RealLifeConversations #WorkplaceCulture #EmploymentLaw #BusinessLaw