Kelly Parmenter

Imagine this. A decision to take adverse action is made by a group, such as a board of directors or management committee of an association. The employee affected by the adverse action commences a general protections/adverse action proceeding under the Fair Work Act. They are alleging that the adverse action was taken because they had exercised a workplace right to make a complaint or enquiry in relation to their employment, or some other protected factor or attribute. There is a temporal connection between the exercise of the workplace right and the decision to take adverse action - ie. the decision came after the exercise of the workplace. How does an employer discharge it's reverse onus of proof under s. 361 of the Fair Work Act to prove that it did not make the decision to take the adverse action because of the employee's exercise of their workplace right? Ordinarily, the employer must adduce sworn evidence from the person or persons involved in making the decision in order the discharge the s. 361 reverse onus. In this case, that means sworn evidence must be adduced from the whole board or whole management committee. And that evidence will need to establish that: 1. There was a reason or reasons in the minds of the decision-makers for taking the adverse action at the time the decision was made (ie. you can't just make it up later on); and     2. The reason or reasons did not include the unlawful reason alleged by the employee. And if the proceeding goes to a hearing before the Court, each of those witnesses are likely to be cross-examined. Of course, this evidence will also be balanced against other relevant factors, such as: ✔️  The plausibility, coherence and consistency of the evidence. ✔️  The completeness of the evidence - eg. are there gaps in the evidence? ✔️  Whether there is evidence to establish any state of affairs or facts that the decision-makers say they relied upon to make their decision. ✔️ Any contemporaneous documents or, if there are no such documents, whether it is reasonable to expect that such documents would have existed if the reason(s) for the decision alleged by the employer were true. ✔️  Whether there were other people involved in the decision that could have given evidence that supports the decision-makers' evidence - eg. HR advisor that advised the board or management committee.  Were they produced?  If not, why not? As you can imagine, putting on this type of evidence is complex and requires a skilled and experienced employment litigation lawyer with a keen eye for detail. And the stakes are high with increasingly large civil pecuniary penalty orders being made by the Courts for contraventions of the general protections provisions of the Fair Work Act. ---- Like this post? Like 👍 | Comment ✍ | Repost ♻️ #humanresources #pointyendofhr #gettingbeyondhesaidshesaid #employmentlaw

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To my wonderful younger cohort of recruiters: New research from the Australian HR Institute and the Australian Human Rights Commission shows that age bias is still alive and well in the workplace. Their latest report reveals that almost one in four employers consider people in their 50s as "old"—and many are hesitant to hire them. I want to gently say this: your time will come. One day, you’ll find yourself on the other side of that age line, with a wealth of experience, perspective, and maturity that should be valued—not overlooked. So, when you're making those recruitment decisions, pause for a moment. Ask yourself how you would want to be treated in the later stages of your career. Think about how valuable “extensive experience” truly is—and how much richer our workplaces are when we embrace all generations. The only way to break the cycle is to challenge it now—so the next generation of experienced professionals (including you!) can thrive.

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Let consciousness guide you through complexity In the latest episode of our Changing Conversations podcast, we sat down with Lisa Doig, founder and director of Corporate Evolution Pty Ltd and a pioneer in the field of values and consciousness. Lisa knows better than most what it takes to design, facilitate, and train practitioners in transformational business leadership development programmes. Why is consciousness essential for leading in complexity? And how can you grow it? We explore these questions – and many more – in this thought-provoking conversation. Tune in here 👉 https://lnkd.in/d_-xcfBe #leadership #managementconsulting #implementconsultinggroup

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The CHRO is one of the most enterprise-shaping roles in the C-suite. Yet only 1% of Australian board directors in 2024 had a background in HR management or change management. Why aren't CHRO's getting a seat at the board table? And what skills do they need in 2025 to elevate their role? Learn more on the blog 👉 https://w.day/4mkJ3yn

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Brett Reid, Chief People Officer at YMCA Victoria, shares his advice to emerging HR leaders to contribute lasting value to their organisations.  Speaking with Alistair Clark in our latest CPO Leadership Matters interview, Brett reflects on his journey through the people function, and how to provide the most value once you get to the top.  Brett looks at the trends shaping the future of purpose-driven organisations like the YMCA, and the CPOs role in navigating these, balancing social purpose with financial results and building a strong framework for sustained success across all metrics. 🎥Watch Brett share his thoughts below, and see the full interview in the comments.   #CPO

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Australia’s HR market remains strong, but organisations are adapting to a more cautious talent landscape. Interim and project-based HR professionals are increasingly supporting critical initiatives, while key trends are shaping the way HR adds strategic value: HR at the centre of workforce transformation From reporting to predicting: the rise of HR analytics Wellbeing and belonging as core to retention DEI evolution: from policy to accountability Explore how HR leaders can stay ahead and build sustainable, high-performing workforces.  https://lnkd.in/gMuFZ3h6

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“atWork Australia has taken a large and tedious step out of the hiring process” Reading through hundreds of resumes was not something the team at Cushman & Wakefield were looking forward to. The team needed two Administration Officers and approached atWork Australia for support to fill those roles. By partnering with atWork Australia, Cushman & Wakefield were able to focus on work as usual, whilst atWork Australia sourced suitable candidates for the business. Employer Engagement Consultant, Jade, and the atWork Australia team took the time to get to know the business and what Donna was looking for in her new team members. She was able to pre-screen candidates, only putting referring candidates that work for them. As a result of Jade’s support, Cushman & Wakefield have two new employees that “are a fantastic fit,” shared Cushman & Wakefield Client Manager, Donna. “I would use atWork Australia again. They not only save me recruitment fees, but they just do a great job.” You can read more about Cushman & Wakefield’s partnership with atWork Australia here: https://ow.ly/Vxtn50WzatB

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