Workplace Training and Development Planning

Sasphire Legal believes that employers can best protect themselves from difficulties in the employment arena by ensuring they take preventative measures. Sasphire Legal seeks to ensure that its clients can operate in an environment secure in the knowledge that they have taken reasonable steps to have a workplace that can deliver an optimum environment for its employees to succeed by providing training in the following areas:

From Hiring to Firing

• An overview of the employment relationship from beginning to end and the legal risks and best practice steps to be adopted to ensure a harmonious relationship
• The recruitment process
• The formation of the contract of employment
• Performance management
• The termination of the employment relationship
• The protection of company goodwill and property

Induction Training

• Importance of providing induction training to new employees
• Guidance on implementing an effective induction training program for your workplace

Performance Management and Appraisals

• Practical advice on how to performance manage employees in a range of situations
• How to motivate high achievers using non-financial rewards
• Guidance on how to implement effective appraisals
• Direction on what constitutes “reasonable” performance management and disciplinary action – ensuring it is not discriminatory or harassing in nature
• How employment may be terminated, the legal risks and strategies to reduce these risks

Receiving Complaints and Conducting Workplace Investigations

• Complaint handling and grievance procedures
• Understanding when a workplace investigation is appropriate and developing a framework for conducting an investigation
• Managing key legal risks and issues arising when conducting an investigation
• Understanding whether the investigation should be conducted internally or externally and the role of external legal advice
• How to effectively manage confidentiality conflict
• How to conduct an investigation and key issues in gathering evidence
• Steps and processes in concluding an investigation

Work Health and Safety

• Legal obligations for Work, Health and Safety
• Providing safe and appropriate working conditions and equipment
• Prevention of injuries through education and training
• Conducting an audit of the workplace
• Providing support and managing injured workers

Director and Officer Liability under the Work Health and Safety Legislation

• The relevant legislation framework and relevant WHS legislation
• How to discharge officer’s duty to exercise due diligence
• How your company can assist officer’s to comply with their duty

Workplace Diversity Training

• Understanding relevant laws in this area
• Educating employees on their obligations not to act in an unlawful manner towards other employees
• Reinforcing your workplace policy

Social Media in the Workplace

• Understanding social media in a workplace context
• Personal use versus work use
• Examples of cyber-bullying or harassment in the workplace
• Guidance on the dos and don’ts of discussing the company on social media
• Employee and employer obligations
• Reinforce your policy and consequences of policy breaches

Introduction to Enterprise Bargaining and Agreement Making

• Enterprise agreements under the Fair Work Act 2009
• Guidance on coverage and content of an agreement
• Union right of entry
• Good faith bargaining
• Respond to union-initiated industrial action
• Understand the ‘BOOT’ test
• Gaining support, lodging an agreement and FWC approval
• Recent decisions

Protection of Business Goodwill and Restraint of Trade

• The importance of the contract of employment
• Enforceable restraints
• Confidential information and confidentiality clauses
• Absence of a restraint clause in a contract
• Recent decisions
• The role of social media such as LinkedIn

Appropriate Workplace Behaviour Training (bullying, harassment and discrimination)

• The impact of inappropriate workplace behaviour on the workplace
• Exploring the difference between what is appropriate and what is not appropriate behaviour;
• Explaining the difference between direct and indirect discrimination;
• Exploring practical examples and case studies
• Exploring the extent to which these issues are relevant outside the workplace and after work hours
• What constitutes bullying, harassment and discrimination – the scope of the Fair Work Commission’s powers to deal with workplace bullying or harassment
• Guidance on how to deal with situations of bullying, harassment or discrimination
• Process for complaints and investigating
• legal liability for employees and employer
• Key messages to all staff and reinforcing your workplace policy

Managing Conflict in the Workplace

• Types of conflict and different ways conflict can be expressed
• Conflict resolution strategies
• How to have difficult conversations
• Communicating effectively
• Grievance and conflict resolution procedures

Managing Ill and Long Term Injured Employees

• The legislative framework that impacts upon managing ill and injured employees
• How to address and respond to change in a worker’s medical status
• How to properly engage in a worker whose medical incapacity means they must change roles
• Practical strategies for managing long-term absences, the return to work and rehabilitation process and requesting medical evidence
• Understanding the complexities and managing mental illness at work
• Understand when employers can or cannot access or use medical reports and records
• Managing and responding to workers’ compensation claims

Absenteeism, Sick leave and Mental Wellbeing

• Uncovering the reasons behind absenteeism
• The links between absenteeism and workplace culture
• How to manage absenteeism or sick leave
• Getting the correct medical information
• Making reasonable adjustments
• Managing mental health issues in the workplace

Change Management

• Identify change strategies to effectively facilitate change
• Understand the impact of change and use consultative processes to reduce the barriers to change
• Successfully plan and develop a comprehensive and effective change management plan
• Monitor the outcomes of change

Obligations under the Whistleblower Regime

• Understanding the new whistleblowing regime and its obligations
• Identifying eligible recipients, their responsibilities and how to manage a protected disclosure
• Protections provided to eligible whistleblowers
• The procedures and mechanisms to deal with whistleblowing complaints