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Responsible Digital Communication in the Workplace

Responsible Digital Communication in the Workplace

Many employees today spend a large portion of the day sending and receiving emails, IMs, DMs, social media posts and text messages. However, it’s very easy to be tripped up by the rules of digital etiquette, especially when you take into account the huge volume of messages, we send every day.

Effective digital communication in the workplace requires attention to detail and professionalism — every time.

So, how to you manage digital communication in the workplace?

As always, we think it’s important to be clear about your expectations, communicate these and then manage accordingly. Here are our top tips for responsible digital communication in the workplace:

  1. Consider your audience

As the sender you must consider the nature of your relationship with the receiver and tailor your approach accordingly. Using emoji’s is usually fine with colleagues, not so much with the CEO of a key customer.

  1. Apply the ‘front page test’

Never include anything in an email that you wouldn’t be comfortable with being made public. The main reason for this is that it could be! Also, it’s easy to accidentally send an email to the wrong person. If the content is sensitive, a phone call or meeting may be more appropriate.

  1. Use formal emails when required

These days we often don’t need to post or attach a letter. However, if the matter you’re emailing about is important and requires documenting you should keep this in mind and write your email accordingly. In these situations, your message should read almost exactly like a letter would.

  1. Be on brand

You represent your company in all of your work communications. If you work for a lawyer or accountant there will be different parameters than for those working in a less formal environment. Your level of professionalism and formality should be consistent with the company brand and industry.

  1. Be careful with social media

Social media posts by nature usually reach a wider audience faster than emails or other forms of digital communication. Be aware of your privacy settings, who can view each post you make and how the post reflects on you.

  1. Keep the personal separate from the professional

Always bear in mind the line between personal and professional communications. If you are communicating from a work account, about work and/or during work hours – keep the entire message professional. If you have a personal relationship with the recipient, send a separate message (or use another platform like text or IM) to communicate about other matters such as your after-work plans.

  1. Understand the consequences

If the content of your digital communication breaches the Code of Conduct of your company in any way or is otherwise problematical, you should be aware that a disciplinary process may follow. Communications sent using company resources are not private. All messages should be written as if your manager has been CC’d.

Positive People have developed an interactive workshop covering Digital Communication in the Workplace. Contact us today via info@positivepeople.co.nz or 09 445 1077 to talk about how this module can be tailored to suit the needs of your business.

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Employment Relations Changes

Employment Relations Changes:

What to Expect and When

Are you trying to keep up with what is happening with the upcoming changes to employment law? We’ve made it easy with a brief outline of the proposed changes and some information on what stage they are at in the process.

The key changes coming into force are:

  • Changes to the Employment Relations Act, including the 90-day trial period
  • Minimum Wage increase
  • Changes to the Holidays Act
  • Fair Pay Agreements

Employment Relations Act 2000 Amendment

The Employment Relations Amendment Act 2018 was passed into law on 6 December 2018. It introduced a number of employment law changes.

The main changes included:

  • The right to set rest and meal breaks will be restored, the number and duration of which depends on the hours worked. For example, an eight-hour work day must include two 10-minute rest breaks and one 30-minute meal break, while a four-hour work day must include one 10-minute rest break. Employers must pay for minimum rest breaks but don’t have to pay for minimum meal breaks. Employers and employees will agree when to take their breaks. If they cannot agree, the law will require the breaks to be in the middle of the work period, so long as it’s reasonable and practicable to do so.
  • 90-day trial periods will be restricted to businesses with less than 20 employees.Businesses with 20 or more employees will not have access to 90-day trial periods. They will be able to use probationary periods to assess an employee’s skills against the role’s responsibilities. A probationary period lays out a fair process for managing performance issues and ending employment if the issues aren’t resolved. However, it is a much more complex and protracted process to use to terminate employment than a trial period.
  • Strengthening collective bargaining and union rights
  • Restoring protections for vulnerable workers, such as those in the cleaning and catering industries, regardless of the size of their employer

More information on these changes can be found here

Timing

Most of the changes relating to strengthening union and collective bargaining rights were implemented on 12 December 2018. Changes to rest and meal breaks and 90-day trials will come into effect on 6 May 2019

Minimum Rate Increases

The Government has announced it will increase the minimum wage to $17.70 an hour on April 1 2019, with further increases to take it to $20 by 2021.

Changes to the Holidays Act

A review was commenced following several high-profile cases where employers have failed to pay their employees the correct rate for annual leave.

The current Act states that holiday pay can be calculated two ways; either on the basis of ordinary weekly pay at the beginning of the holiday period or on the average weekly earnings over the previous 12 months, and that employers must pay whichever rate is the highest. Where employees are part time, have overtime rates or have bonus or incentive payments these rates can be significantly different. The practicality of calculating this every time an employee goes on leave is very difficult and many payroll systems are not set up to do this correctly. The review will cover this, as well as the full Holidays Act with the aim of simplifying the regulations, ensuring the act is fit for purpose for the current work environment and making it easy for both employers and employees to ensure that correct entitlements are paid.

Timing

The review commenced in August 2018 and is expected to be completed by August 2019. The terms of reference also stated that an interim report would be issued within 6 months to inform the public about the progress of the review, so we should see this released soon.

Fair Pay Agreements

A working group was established in June 2018 to consider what a Fair Pay Agreement would cover and look like, with the aim of providing recommendations on how these may work in the future.

Fair Pay Agreements, as outlined as one of the Governments election promises, would be collective agreements which cover whole industries and set out the minimum requirements for that industry. The Government  indicated that it expected Fair Pay Agreements to be used in occupations where there is already a high level of Union membership (like nursing, teaching or manufacturing), and that once a Fair Pay Agreement is in place, it would be compulsory for all employees in that industry to be covered.

There was some discussion around small employers being exempt from Fair Pay Agreements and this was part of what the working group considered. They were also tasked with looking into whether regional variations should be allowed in Fair Pay Agreements, how often they should be renegotiated and if they should apply beyond workers (for example to contractors.)

The working group delivered 46 recommendations in their report. One of the recommendations is that workers should be able to initiate a Fair Pay Agreement bargaining process if they can meet a minimum threshold of 1000 people, or 10 per cent of workers in the nominated sector or occupation.

The full report from the working group was released on the 31st January 2019 and can be found here

Timing

The Government is now taking time to consider the recommendations and comments from the report before undertaking policy consideration and consultation.

Many of these changes will require updates to your employment agreements and could also mean changes to your current practices. Positive People can help to keep you ahead of the game and make sure you remain compliant. Contact us to talk through how you can prepare for the upcoming changes.

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Verbal Warnings

Verbal Warnings – Do they have a place today?

As the disciplinary process evolves, it is helpful to reflect on your own organisation’s process and make sure it is up to date, current, fair and reasonable.

A key part of a traditional disciplinary process is the verbal warning – a step Managers can take when they believe an employee’s actions are serious enough to warrant more than an outline of expectations or a coaching session, yet not serious enough to warrant a Written Warning. Frequently these warnings are given by Managers without following a full process, and Companies often then mistakenly rely on them as the first step in a progressive warning process for misconduct.

A general rule of thumb for misconduct is that the progressive disciplinary processes should allow for three formal warnings for the employee prior to dismissal being considered. It’s important to consider whether a verbal warning forms part of the progressive disciplinary process for your organisation, and if so, specify this in your Code of Conduct.

For a verbal warning to be part of a progressive disciplinary process:

  1. It must be confirmed in writing, outlining the breach of policy and procedure and future expectations, and ideally have the employee’s signature
  2. You must still conduct an investigation, allowing the employee to respond after having the opportunity to prepare, have a support person present, and have access to all the information you have gathered about the misconduct

To be utilised and considered as part of a progressive process, the process you follow before issuing a verbal warning must be the same as if a written warning is given.

If you do not follow this process, then a verbal warning may be considered as part of the investigation into further misconduct but cannot be relied upon as one of the formal steps. It is instead background information confirming that the employee was aware of the Company rules and the impact of their actions.

If you do not follow this process, details of the verbal warning should not be stored on the employee’s personal file. Instead it would be considered the same as a coaching session, a letter of expectation or a Manager’s diary note.

For many Companies this requirement for a full process has meant that verbal warnings have become a thing of the past.

A more current approach is to streamline the process, doing away with verbal warnings altogether:

  • First instance of the behaviour – Informal discussions reflecting concerns. The Manager would be advised to keep “diary notes”
  • Second instance of the behaviour- Issue a Letter of Expectation alongside conducting a Coaching session driven by a Performance Improvement Plan (if appropriate). This is an informal process which does not require a formal investigation. The Manager outlines the impact of the behaviour and uses a coaching approach to help the employee identify ways they can improve. This is documented by the Manager and kept as part of the Performance Improvement Plan
  • Third instance of the behaviour – An investigation is initiated, which can then set off the formal disciplinary process, inviting the employee to respond. It also includes the other requirements of a full process. A possible outcome could be a first written warning.
  • Continuation of the Disciplinary process

Having a process which is sound, streamlined and allows for the employee to have an opportunity to change their behaviour is critical to minimising the risk of any comebacks on the process.  

This area can be a minefield, and is not easy to get right.

Positive People are experienced in developing performance management frameworks which are legally compliant, understandable and practical for both managers and employees. Contact us today and we can help you review yours.