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		<title>Fair Work Friday:  The 150-day absences and the warning that missed the mark</title>
		<link>https://bloomhr.com.au/insights/fair-work-commission/fair-work-friday-the-150-day-absences-and-the-warning-that-missed-the-mark/</link>
		
		<dc:creator><![CDATA[Natalie Carrington]]></dc:creator>
		<pubDate>Sun, 24 May 2026 06:15:04 +0000</pubDate>
				<category><![CDATA[Fair Work Commission]]></category>
		<guid isPermaLink="false">https://bloomhr.com.au/?p=1959</guid>

					<description><![CDATA[<p>Welcome to Fair Work Friday! This week we are looking at a case from the&#160;Fair Work Commission (FWC)&#160;that ...</p>
<p>The post <a href="https://bloomhr.com.au/insights/fair-work-commission/fair-work-friday-the-150-day-absences-and-the-warning-that-missed-the-mark/">Fair Work Friday:  The 150-day absences and the warning that missed the mark</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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<p>Welcome to Fair Work Friday! This week we are looking at a case from the&nbsp;<strong>Fair Work Commission (FWC)</strong>&nbsp;that is bound to raise some eyebrows. It involves an industrial equipment supplier, an employee with a massive history of sick leave, and a warning letter that ultimately cost the employer money.</p>



<p>If you have ever wondered how a business can lose an unfair dismissal case when the employee has taken over 150 days off, this one is for you.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<h3 class="wp-block-heading">The Case: The Slip-Up on the Warning</h3>



<p>The employer, All Lifting &amp; Safety, dismissed an employee in October last year because of his ongoing failure to attend work on a regular basis. In court, the employer pointed out that the employee had taken more than 150 days off since he started with the business in 2022.</p>



<p>Believing they had a rock-solid, defensible reason to terminate, they proceeded with the dismissal. They had even issued a warning to the employee previously, so they felt their legal bases were covered.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<h3 class="wp-block-heading">The Ruling: A Process Flaw</h3>



<p>In the FWC, Commissioner Scott Connolly agreed that the employee&#8217;s regular absences were indeed a valid reason for dismissal. However, the employer&#8217;s defence crumbled because of a major procedural flaw: they had not actually warned the employee about his attendance.</p>



<p>When the Commission reviewed the evidence, the only written warning the employee had received was specifically about failing to notify the employer on the day of his absences. As Commissioner Connolly pointed out:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>&#8220;It wasn&#8217;t about his absences, it wasn&#8217;t about that he took a lot of sick leave. It explicitly says, &#8216;This is for failing to notify me of your absences&#8217;.&#8221;</p>
</blockquote>



<p>Because the warning was about communication rather than the actual volume of leave, the employee was never formally put on notice that his attendance record was putting his job at risk. To make matters worse, the employee was dismissed verbally, and the employer ignored his written request for the reasons behind his termination.</p>



<p>Weighing this up, the Commissioner ruled the dismissal was harsh, unjust, and unreasonable.</p>



<p>Because it was highly unlikely the employee&#8217;s attendance would have improved anyway, the Commission did not order reinstatement. Instead, the employer was ordered to pay&nbsp;<strong>$1,809</strong>&nbsp;in compensation, representing the seven weeks it would have taken to run a proper, fair termination process.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<h3 class="wp-block-heading">How to do it better:</h3>



<ul class="wp-block-list">
<li><strong>Align the warning with the exact problem:</strong> If an employee&#8217;s high number of absences is the issue, the warning must explicitly state that their attendance is unacceptable, not just that they forgot to call in.</li>



<li><strong>Keep a paper trail:</strong> Always confirm a dismissal in writing and provide the specific reasons if requested. Ignoring a request for written reasons is an immediate red flag for the Commission.</li>



<li><strong>Do not skip the steps:</strong> Even if the outcome seems inevitable, you must give the employee a clear warning of the exact issue and a genuine opportunity to improve.</li>
</ul>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<h3 class="wp-block-heading">The Bloom HR Takeaway: A Note from Nat</h3>



<p>I know what you are thinking:&nbsp;<em>How on earth does someone who took 150 days off end up winning compensation?</em>&nbsp;It feels completely counterintuitive as a business owner or leader.</p>



<p>But this case highlights a critical area of employment law that many organisations trip over:&nbsp;<strong>the rules around sick leave and temporary absences.</strong></p>



<p>Under the Fair Work Act, you cannot dismiss an employee simply because they are temporarily absent due to a personal illness or injury. This is a strictly protected right.</p>



<p>So, when can you address attendance issues if someone is genuinely sick?</p>



<ul class="wp-block-list">
<li><strong>The Three-Month Rule:</strong> An employee is generally protected from dismissal for being sick for up to three months (either in one consecutive block or accumulated over a 12-month period), provided they are on unpaid leave. If they are still using accrued paid sick leave, they are protected indefinitely.</li>



<li><strong>When Paid Sick Leave Runs Out:</strong> Once an employee runs out of paid sick leave and has been absent for more than three cumulative months in a year, they are no longer protected by the temporary absence rules.</li>



<li><strong>The Inherent Requirements Process:</strong> Even when that three-month protection ends, you still cannot just fire them instantly. You have to go through a formal process to establish whether they can perform the inherent requirements of their role in the foreseeable future. This requires medical evidence and genuine consultation, not just a sudden termination.</li>



<li><strong>Absences Without Evidence:</strong> If an employee is regularly taking sick days but failing to provide medical certificates, or failing to notify you according to your policies, you can manage this as a conduct or performance issue.</li>
</ul>



<p>In this case, the employer was right about the employee&#8217;s poor attendance, but they were legally wrong in how they handled the termination. They confused a communication issue with a capability issue, and failed to put the real problem in writing.</p>



<p>Don&#8217;t wait for a costly tribunal loop to realise your warning letters are missing the mark. Clear, specific documentation and a fair process are your best protection.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p><strong>Are your managers equipped to navigate complex employee issues, or are your warning letters leaving you exposed? At Bloom HR, our HR Advisory service specialises in manager training and support for difficult terminations, ensuring your processes remain fair and transparent, especially when managing complex attendance and performance concerns.</strong></p>



<p><strong>Call us on (02) 8114 4449 or book a time with our Founder here for a first free consultation&nbsp;</strong><a href="https://www.linkedin.com/redir/redirect?url=https%3A%2F%2Foutlook%2Eoffice%2Ecom%2Fbookwithme%2Fuser%2F63e8b947168b4c67bd8c80a938fbf647%40bloomhr%2Ecom%2Eau%2Fmeetingtype%2FqJxxADBb_k2bEyR1y6W81g2%3Fanonymous%26ismsaljsauthenabled%26ep%3Dmcard&amp;urlhash=LzyU&amp;trk=article-ssr-frontend-pulse_little-text-block" target="_blank" rel="noreferrer noopener">Book time with Natalie Carrington: Free 30 Minute HR Consultation</a></p>



<p>#FairWorkFriday #SmallBusiness #NFP #EmploymentLaw #Leadership #WorkplaceCulture #BloomHR #PerformanceManagement #FairWorkCommission</p>
<p>The post <a href="https://bloomhr.com.au/insights/fair-work-commission/fair-work-friday-the-150-day-absences-and-the-warning-that-missed-the-mark/">Fair Work Friday:  The 150-day absences and the warning that missed the mark</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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		<title>Career Story:  Mahala Warren &#8211; A career built around people</title>
		<link>https://bloomhr.com.au/insights/career-story/career-story-mahala-warren/</link>
		
		<dc:creator><![CDATA[Rebecca Till]]></dc:creator>
		<pubDate>Mon, 11 May 2026 17:10:39 +0000</pubDate>
				<category><![CDATA[Career Story]]></category>
		<guid isPermaLink="false">https://bloomhr.com.au/?p=1939</guid>

					<description><![CDATA[<p>We’re so lucky to have Mahala on the Bloom team! Once you get to know Mahala and her ...</p>
<p>The post <a href="https://bloomhr.com.au/insights/career-story/career-story-mahala-warren/">Career Story:  Mahala Warren &#8211; A career built around people</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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<p>We’re so lucky to have Mahala on the Bloom team! Once you get to know Mahala and her story, it’s easy to see why.</p>



<p>For nearly four years, Mahala Warren has been at the heart of Bloom’s talent function, supporting clients across recruitment with such a positive and genuine outlook. </p>



<p>Since joining in 2022, she’s built a reputation for delivering thoughtful, high-quality outcomes, and for making the process feel refreshingly human.</p>



<p>With more than 15 years’ experience under her belt, Mahala brings a breadth of knowledge across financial services, government, construction and not-for-profit sectors. </p>



<p></p>
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<p>Add to that time spent living and working in Europe, and you get someone who understands people, workplaces and culture from multiple angles.</p>



<p><strong>A career built around people</strong></p>



<p>Mahala’s path into recruitment started with a Bachelor of Business, majoring in Human Resource Management and Industrial Relations, but it didn’t take long for her to find her niche.</p>



<p>“I’ve always enjoyed working with people and helping things come together,” she says. “Recruitment gave me the opportunity to do both.”</p>



<p>That early spark stuck. Even as her career has taken her across industries and continents, the core motivation has stayed the same.</p>



<p><strong>Finding the right fit (and making it count)</strong></p>



<p>While she’s worked across broader HR, recruitment is where Mahala feels most at home.</p>



<p>“At its core, it’s about understanding people and organisations, and then finding the right match,” she explains. “When you get that balance right, it makes a real difference.”</p>



<p>Her philosophy? Keep it simple.</p>



<p>“You don’t have to overcomplicate it,” she says. “Be clear, be honest, and make sure people feel supported. Good communication and genuine care go a long way.”</p>



<p><strong>Why Bloom has been the perfect fit</strong></p>



<p>For Mahala, Bloom brings together everything she loves about recruitment in one role.</p>



<p>“One of the things I value most is the variety,” she says. “Each client brings a different environment, different people, and a different challenge, which keeps the work interesting and meaningful.”</p>



<p>The opportunity to travel across Australia has also been a highlight, offering a deeper connection to the work Bloom supports.</p>



<p>“Getting out to different locations and meeting frontline workers has been incredibly rewarding,” she explains. “You really see the impact these organisations are having, especially supporting some of the most vulnerable people in our community.”</p>



<p>That sense of purpose is what makes the role so fulfilling.</p>



<p>“If we can help them find the right person to join their team, someone who genuinely fits and can contribute, then I feel a real sense of job satisfaction.”</p>



<p><strong>Variety, connection and a bit of travel</strong></p>



<p>While remote work has made it easier to support clients across Australia, Mahala still values face-to-face time.</p>



<p>“Flexibility is great, but nothing quite replaces being there in person and building real connections.”</p>



<p>Her recent work has taken her to South Australia and Melbourne, with Darwin next on the list.</p>



<p><strong>What clients say</strong></p>



<p>Mahala’s impact doesn’t go unnoticed:</p>



<p>&#8220;Mahala made the entire recruitment process such a pleasure. She was always so kind and easy to communicate with, and I always had complete faith she was acting in my best interests at all time. It was a pleasure to work with her.&#8221;</p>



<p>For Mahala, the most rewarding parts of the job don’t always happen straight away.</p>



<p>“The best moments are when you check in with someone a couple of years later and they’re still in the role and loving it,” she says. “That’s when you realise you’ve helped create something that’s really worked.”</p>



<p><strong>Looking ahead</strong></p>



<p>At Bloom, Mahala continues to strengthen the talent function while helping clients attract and keep the right people.</p>



<p>Her approach hasn’t changed, and that’s exactly the point: understand the brief, build strong relationships, and get the fundamentals right.</p>



<p>Because when you do that well, everything else tends to fall into place.</p>
<p>The post <a href="https://bloomhr.com.au/insights/career-story/career-story-mahala-warren/">Career Story:  Mahala Warren &#8211; A career built around people</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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		<title>Fair Work Friday:  The $30,000 &#8220;Technicality&#8221;</title>
		<link>https://bloomhr.com.au/insights/fair-work-commission/fair-work-friday/</link>
		
		<dc:creator><![CDATA[Natalie Carrington]]></dc:creator>
		<pubDate>Thu, 23 Apr 2026 23:00:45 +0000</pubDate>
				<category><![CDATA[Fair Work Commission]]></category>
		<guid isPermaLink="false">https://bloomhr.com.au/?p=1885</guid>

					<description><![CDATA[<p>Welcome to Fair Work Friday! This week’s case is incredibly technical and confusing. To be honest, I am ...</p>
<p>The post <a href="https://bloomhr.com.au/insights/fair-work-commission/fair-work-friday/">Fair Work Friday:  The $30,000 &#8220;Technicality&#8221;</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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<p>Welcome to Fair Work Friday! This week’s case is incredibly technical and confusing. To be honest, I am still scratching my head a little, but after lots of reading, I think I may know where the Judge was coming from. I don’t necessarily agree with the logic, but I understand why the outcome went the way it did.</p>



<h3 class="wp-block-heading">The Case: When a Valid Reason Is Not Enough</h3>



<p>An aged care nurse practitioner had been on workers organisation for a psychological injury since 2018. By 2021, medical evidence confirmed she simply could not perform the core requirements of her role. On the surface, the organisation had a clear, legal path to end her employment based on medical incapacity.</p>



<p>However,&nbsp;<strong>Judge Catherine Symons</strong>&nbsp;in the&nbsp;<strong>Federal Circuit Court</strong>&nbsp;found the dismissal was unlawful. Why? Because the&nbsp;<strong>decision to terminate</strong>&nbsp;was also connected to the fact that she had made bullying complaints three years prior. Under Australian law, a dismissal is unlawful if a&nbsp;<strong>prohibited reason</strong>—like a past complaint—is even a tiny part of the motivation.</p>



<h3 class="wp-block-heading">The Ruling: The Failed Decision-Making Process</h3>



<p>The Court ordered the employer to pay&nbsp;<strong>$22,000</strong>&nbsp;in compensation and an&nbsp;<strong>$8,000</strong>&nbsp;penalty. The process that failed here wasn&#8217;t about her medical incapacity—everyone agreed she was too unwell to work.&nbsp;<strong>The failure was in the &#8220;how&#8221; and &#8220;why&#8221; behind the termination.</strong></p>



<p>Alfred Health failed because:</p>



<ul class="wp-block-list">
<li><strong>They lacked clear guidance for managers:</strong> They had no internal rules or training on how to handle employees who speak up.</li>



<li><strong>They used a biased decision-maker:</strong> The person who made the final call to terminate was the same person involved in the original bullying drama. The Court called this having <strong>skin in the game</strong>. A fair process would have used an independent person to review the file.</li>



<li><strong>They had no paper trail for the motive:</strong> Because the decision-maker didn&#8217;t give evidence in court, the employer couldn&#8217;t prove the bullying complaint wasn&#8217;t sitting in the back of their mind when they signed the termination letter.</li>
</ul>



<h3 class="wp-block-heading">How to do it better:</h3>



<ul class="wp-block-list">
<li><strong>Independent Eyes:</strong> If you are dealing with a complex termination, ensure the person making the final decision is independent. If the decision-maker has been involved in the underlying conflict, it is almost impossible to prove their motives were pure.</li>



<li><strong>Update Your Procedures:</strong> Your termination procedures must include steps to check for protected rights. This ensures you stop and ask: <em>Is this person being dismissed partly because they spoke up?</em></li>
</ul>



<h3 class="wp-block-heading">The Bloom HR Takeaway: A Note from Nat</h3>



<p>I must admit, even I struggled to wrap my head around this one! If she can’t work, she can’t work—right? What does it matter if she made a complaint three years ago? The doctor said she couldn&#8217;t come back, so what is a company meant to do—keep her employed forever just because she once made a complaint?</p>



<p>I get it now. In those three years, the organisation did&nbsp;<strong>nothing</strong>&nbsp;to improve their processes around termination, managing psychological injuries, or handling bullying complaints. They didn&#8217;t do any manager training. For a large organisation like this, Judge Symons wanted to send a clear message:&nbsp;<strong>You cannot ignore your systemic failures.</strong>&nbsp;While a small business might not face this exact level of accountability, the lesson is the same. The Court uses something called the&nbsp;<strong>Reverse Onus of Proof</strong>.</p>



<p>In most court cases, you are innocent until proven guilty. In&nbsp;<strong>Adverse Action</strong>&nbsp;claims, the law flips. If you terminate someone who has made a complaint, the law&nbsp;<em>assumes</em>&nbsp;you did it because they complained. It is up to&nbsp;<strong>you</strong>&nbsp;to prove that the complaint played&nbsp;<strong>0%</strong>&nbsp;part in your decision.</p>



<p>If your decision-maker has a grudge or skin in the game, you will almost always lose that battle. It’s not about the result; it’s about the&nbsp;<strong>intent</strong>&nbsp;behind the decision.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p><strong>Are your managers equipped to navigate complex employee issues, or are you one hidden motive away from a legal headache? At Bloom HR, our HR Advisory service specialises in manager training and support for difficult terminations, ensuring your processes remain fair and transparent.</strong></p>



<p><strong>We have a 24/7 Hotline. Call us on 0439 626 393 for a first free consultation |&nbsp;</strong><strong><a href="https://www.linkedin.com/redir/redirect?url=https%3A%2F%2Foutlook%2Eoffice%2Ecom%2Fbookwithme%2Fuser%2F63e8b947168b4c67bd8c80a938fbf647%40bloomhr%2Ecom%2Eau%2Fmeetingtype%2FqJxxADBb_k2bEyR1y6W81g2%3Fanonymous%26ismsaljsauthenabled%26ep%3Dmlink&amp;urlhash=_qr3&amp;trk=article-ssr-frontend-pulse_little-text-block" target="_blank" rel="noreferrer noopener">Schedule a time for a chat</a></strong><strong>&nbsp;or follow us on&nbsp;</strong><strong><a href="https://au.linkedin.com/company/bloomhumanresources?trk=article-ssr-frontend-pulse_little-text-block" target="_blank" rel="noreferrer noopener">LinkedIn</a></strong><strong>&nbsp;for more Fair Work Friday updates.</strong></p>



<p>#FairWorkFriday #SmallBusiness #NFP #EmploymentLaw #Leadership #WorkplaceCulture #BloomHR #GeneralProtections</p>
<p>The post <a href="https://bloomhr.com.au/insights/fair-work-commission/fair-work-friday/">Fair Work Friday:  The $30,000 &#8220;Technicality&#8221;</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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		<title>Fair Work Friday:  The case of the $25,000 bag of garbage!</title>
		<link>https://bloomhr.com.au/insights/employee-engagement/fair-work-friday-the-case-of-the-25000-bag-of-garbage/</link>
		
		<dc:creator><![CDATA[Natalie Carrington]]></dc:creator>
		<pubDate>Thu, 16 Apr 2026 23:00:31 +0000</pubDate>
				<category><![CDATA[Employee Engagement]]></category>
		<guid isPermaLink="false">https://bloomhr.com.au/?p=1890</guid>

					<description><![CDATA[<p>Continuing on from last week, we are still looking at what is and isn&#8217;t reasonable in the eyes ...</p>
<p>The post <a href="https://bloomhr.com.au/insights/employee-engagement/fair-work-friday-the-case-of-the-25000-bag-of-garbage/">Fair Work Friday:  The case of the $25,000 bag of garbage!</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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<p>Continuing on from last week, we are still looking at what is and isn&#8217;t reasonable in the eyes of the Fair Work Commission when it comes to summary dismissal. This week’s case is a classic for any leader who has ever been met with the &#8220;not my job<strong>&#8220;</strong>&nbsp;argument. It turns out, you can’t just summarily dismiss someone for refusing a task unless you’ve done the work to prove the request was both lawful and reasonable.</p>



<h3 class="wp-block-heading">The Case: The Rubbish Run-In</h3>



<p>A dance studio recently found itself at the Fair Work Commission after they summarily dismissed an instructor for serious misconduct. The issue? He refused to take out the rubbish after his shift ended.</p>



<p>The employer argued this was a refusal to follow a lawful and reasonable direction. However, the instructor pointed out that cleaning duties were not in his contract. More importantly, the request was made outside of his paid working hours.</p>



<h3 class="wp-block-heading">The Ruling: Proportionality Matters</h3>



<p>The FWC found the dismissal was harsh, unjust, and unreasonable. While employers certainly have the right to give directions, the summary dismissal of a professional instructor for a single instance of refusing an off-the-clock cleaning task was a massive overreaction.</p>



<p>The employer was ordered to pay nearly $25,000 in compensation. The Commission noted that the legal bar for serious misconduct is incredibly high. It requires deliberate behaviour that strikes at the heart of the employment contract. Taking out the bins simply doesn&#8217;t make the cut.</p>



<h3 class="wp-block-heading">How to do it better:</h3>



<ul class="wp-block-list">
<li><strong>Understand &#8220;Reasonable&#8221;:</strong> For a direction to be reasonable, it generally needs to fall within the scope of the employee&#8217;s role and be performed during paid time. Asking a senior staff member to lead a project is reasonable; asking them to perform unrelated manual labour after hours usually isn&#8217;t.</li>



<li><strong>Seniority and Scope:</strong> As people move up in an organisation, and their salaries increase, what is reasonable changes. For leaders, expectations around managing teams, working reasonable additional hours or taking on extra tasks, can be deemed reasonable.</li>



<li><strong>Clarify the Contract:</strong> Ensure position descriptions are up to date. If an expectation is part of the core role, it should be clear. If you are asking for something outside that scope, it needs to be a conversation, not a command.</li>
</ul>



<h3 class="wp-block-heading">The Bloom HR Takeaway: The Small Business Myth</h3>



<p>This case highlights a common misconception of the law that we see all the time: the idea that having fewer than 15 employees makes you immune to unfair dismissal claims.</p>



<p>While small organisations have a longer minimum employment period (<strong>12 months instead of 6)</strong>, once that first anniversary passes, the gloves are off. If an employee has been with you for over a year, they have the full right to an unfair dismissal claim.</p>



<p>To be protected, you must follow the&nbsp;<strong><a href="https://www.linkedin.com/redir/redirect?url=https%3A%2F%2Fwww%2Egoogle%2Ecom%2Fsearch%3Fq%3Dhttps%3A%2F%2Fwww%2Efairwork%2Egov%2Eau%2Fending-employment%2Funfair-dismissal%2Fsmall-business-fair-dismissal-code&amp;urlhash=rpUj&amp;trk=article-ssr-frontend-pulse_little-text-block" target="_blank" rel="noreferrer noopener">Small Business Fair Dismissal Code</a></strong>&nbsp;to the letter. This Code is your safeguard; by completing every step ie from providing valid reasons to allowing a support person, the Commission will generally find the dismissal was fair.</p>



<p>In this instance, the owner failed because they proceeded to summarily dismiss the employee without a valid reason under that Code. Don&#8217;t rely on the size of your organisation to protect you; rely on a fair process.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p><strong>Are your position descriptions clear, or are your expectations leaving you exposed? If you are managing complex employee issues or are unsure of your rights and responsibilities, we can help.</strong></p>



<p><strong>Call us on <a href="tel:+61281144449">02 8114 4449</a>  or email <a href="https://www.linkedin.com/redir/redirect?url=mailto%3Ahello%40bloomhr%2Ecom%2Eau&amp;urlhash=7G74&amp;trk=article-ssr-frontend-pulse_little-text-block" target="_blank" rel="noreferrer noopener">hello@bloomhr.com.au</a> for a first free consultation</strong></p>



<p>#FairWorkFriday #SmallBusiness #NFP #EmploymentLaw #Leadership #WorkplaceCulture #BloomHR</p>
<p>The post <a href="https://bloomhr.com.au/insights/employee-engagement/fair-work-friday-the-case-of-the-25000-bag-of-garbage/">Fair Work Friday:  The case of the $25,000 bag of garbage!</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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		<title>Fair Work Friday:  When cookie theft doesn&#8217;t meet the Fair Work test for summary dismissal</title>
		<link>https://bloomhr.com.au/insights/fair-work-commission/fair-work-friday-when-cookie-theft-doesnt-meet-the-fair-work-test-for-summary-dismissal/</link>
		
		<dc:creator><![CDATA[Natalie Carrington]]></dc:creator>
		<pubDate>Thu, 09 Apr 2026 23:00:19 +0000</pubDate>
				<category><![CDATA[Fair Work Commission]]></category>
		<guid isPermaLink="false">https://bloomhr.com.au/?p=1796</guid>

					<description><![CDATA[<p>I must admit, Im learning as much as you from these recent decisions. This one is good for ...</p>
<p>The post <a href="https://bloomhr.com.au/insights/fair-work-commission/fair-work-friday-when-cookie-theft-doesnt-meet-the-fair-work-test-for-summary-dismissal/">Fair Work Friday:  When cookie theft doesn&#8217;t meet the Fair Work test for summary dismissal</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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<p id="ember52">I must admit, Im learning as much as you from these recent decisions. This one is good for all those HR practitioners who think that a serious misconduct label is enough to make a dismissal stick. As this pharmacy owner just found out, you need more than just a gut feeling or a CCTV clip to prove an intention to steal.</p>



<h2 class="wp-block-heading">The Case: The Byron Bay Cookie Crime</h2>



<p id="ember54">Recently, the Fair Work Commission (FWC) handed down a ruling against Docs John Hunter Hospital Pharmacy that cost them nearly $24,000. They had summarily dismissed a pharmacy assistant with 14 years of unblemished service for allegedly stealing confectionery items on four occasions. The employer showed her CCTV footage and handed her a termination letter the very next day. However, the employee argued that it was common practice among staff to consume snacks during a shift and pay for them later, a practice she believed was known and tolerated. In fact, for one of the items, she had actually paid for it later that same afternoon.</p>



<h2 class="wp-block-heading">The ruling:  Evidence over allegation</h2>



<p id="ember56">Commissioner Damian Sloan found the dismissal was harsh, unjust, and unreasonable. The key takeaway from the ruling was that &#8220;the absence of receipts or other proof of payment for the items is not sufficient to establish an intention to steal.:</p>



<p id="ember57">Because the employer couldn&#8217;t prove she never intended to pay, and because other staff who had done the same thing only received warnings, the summary dismissal was found to be a massive overreach. The employee was awarded $23,960.86 in compensation.</p>



<h2 class="wp-block-heading">How to do it better:</h2>



<p id="ember59"><strong>Establish Clear Intent: </strong>Serious misconduct requires you to prove the employee’s intent. If your staff have a habit of paying later, you can&#8217;t suddenly decide it’s theft without clear, written notice that the practice has stopped.</p>



<p id="ember60"><strong>Consistency is Key</strong>: If you give one person a first and final for an action, you cant sack another person for the exact same thing without a very good reason.</p>



<p id="ember61"><strong>Procedural Fairness:</strong> Rushing an employee into a meeting and not giving them a genuine chance to explain their side (or the context of the CCTV) will almost always backfire at the Commission.</p>



<h2 class="wp-block-heading">The Bloom takeaway</h2>



<p id="ember63">Summary dismissal is the capital punishment of employment law.</p>



<p id="ember64">If you&#8217;re dealing with a long-term employee, their 14 years of good service counts for a lot in the eyes of the FWC. Before you pull the trigger on a &#8220;serious misconduct&#8221; termination, you need unequivocal evidence. If you&#8217;re not 100% sure about the intent, a formal warning is often the safer,and fairer, path.</p>



<p id="ember65">Is your workplace culture built on clear expectations, or are your unwritten rules creating a legal risk? Let&#8217;s talk about how to build policy and processes that protect everyone.</p>



<p id="ember66"></p>
<p>The post <a href="https://bloomhr.com.au/insights/fair-work-commission/fair-work-friday-when-cookie-theft-doesnt-meet-the-fair-work-test-for-summary-dismissal/">Fair Work Friday:  When cookie theft doesn&#8217;t meet the Fair Work test for summary dismissal</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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		<title>Career Story:  Kylie Maidens &#8211; Life begins at the end of your comfort zone</title>
		<link>https://bloomhr.com.au/insights/leadership/career-story-kylie-maidens/</link>
		
		<dc:creator><![CDATA[Rebecca Till]]></dc:creator>
		<pubDate>Thu, 09 Apr 2026 01:30:43 +0000</pubDate>
				<category><![CDATA[Career Story]]></category>
		<category><![CDATA[Leadership]]></category>
		<guid isPermaLink="false">https://bloomhr.com.au/?p=1781</guid>

					<description><![CDATA[<p>For more than four decades, Havelock Housing has played a vital role in supporting people experiencing housing stress ...</p>
<p>The post <a href="https://bloomhr.com.au/insights/leadership/career-story-kylie-maidens/">Career Story:  Kylie Maidens &#8211; Life begins at the end of your comfort zone</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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<p>For more than four decades, Havelock Housing has played a vital role in supporting people experiencing housing stress across Canberra, delivering safe, affordable homes and services that help individuals and families rebuild stability and dignity.&nbsp;</p>



<p>Under the leadership of CEO Kylie Maidens, the organisation continues to strengthen its service delivery model, culture and operational foundations, with a clear focus on consistency, quality and peoplefirst leadership across the community housing sector.&nbsp;</p>



<p>Kylie’s career story is a powerful reminder that leadership does not follow a single path, and that belief in yourself can be just as important as any qualification.&nbsp;</p>
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<h2 class="wp-block-heading">A career built on courage, not credentials</h2>



<p>Reflecting on her journey, Kylie admits that taking part in a career story prompted a surprising moment of&nbsp;reflection.&nbsp;</p>



<p>“It really made me think about how I got here,” she says. “About hard work, about saying yes to opportunities, and about not saying no to myself.”&nbsp;&nbsp;&nbsp;</p>



<p>Unlike many of her peers, Kylie did not follow a traditional path into leadership.&nbsp;She chose not to pursue higher education,&nbsp;something she is&nbsp;very&nbsp;open about, moving straight into the world of work shortly after high school.&nbsp;</p>



<p>“When I look at people around me, sometimes I still think, how did I get here?” she reflects. “But what I know now is that&nbsp;someone’s capability is not defined by&nbsp;the&nbsp;certificate is&nbsp;framed&nbsp;on a wall.”&nbsp;</p>



<p>From early on, Kylie learned to focus not on what she could not do, but on what she could do, a mindset that would define her career and leadership style.&nbsp;</p>



<h2 class="wp-block-heading">Finding ambition early</h2>



<p>Kylie began her career in the&nbsp;not-for-profit&nbsp;sector in the role of Office Coordinator at Lifeline Australia, and&nbsp;it didn’t&nbsp;take long for her ambition to&nbsp;form.&nbsp;&nbsp;&nbsp;</p>



<p>“I knew very early where I wanted to be,” she says. “I wanted to be the CEO of a small&nbsp;NFP.”&nbsp;</p>



<p>That clarity became her compass&nbsp;and over the next two decades, Kylie worked steadily toward that goal, building experience, capability and credibility through hands&nbsp;on service delivery, operational roles and leadership positions across the sector.&nbsp;</p>



<p>At the same time, she was forming strong views about the kind of leader she wanted to be.&nbsp;</p>



<h2 class="wp-block-heading">Leading with empathy</h2>



<p>Over the past 20 years, leadership styles have shifted dramatically, particularly within purpose driven organisations. But Kylie’s leadership philosophy was remarkably consistent from the start.&nbsp;</p>



<p>“I always knew I wanted to lead with empathy and kindness,” she says. “That has never changed.”&nbsp;</p>



<p>Kylie&nbsp;points to former New Zealand Prime Minister Jacinda Ardern as a key source of inspiration.&nbsp;&nbsp;For Kylie, leadership is about tenacity and determination, but just as importantly, about humanity.&nbsp;</p>



<h2 class="wp-block-heading">A brief detour and a valuable lesson</h2>



<p>At one point, Kylie found herself leaving the notforprofit sector, not by choice but due to a departmental closure and redundancy. She took a role in the corporate world, a move that quickly confirmed what she already suspected.&nbsp;</p>



<p>“My cup was never going to be full there,” she says frankly.&nbsp;</p>



<p>The experience reinforced something fundamental about Kylie’s values and motivations, showing that purpose mattered too much. As soon as the opportunity arose, she returned to the notforprofit sector, where she now plans to remain for the rest of her career.&nbsp;</p>



<p>“My work is grounded in a values system,” she says. “That is nonnegotiable for me.”&nbsp;</p>



<h2 class="wp-block-heading">Leadership at Havelock Housing</h2>



<p>At Havelock Housing, Kylie brings that valuesdriven approach into every aspect of organisational leadership.&nbsp;</p>



<p>She is particularly passionate about service delivery consistency across the community services sector, believing it to be the cornerstone of sustainable impact.&nbsp;</p>



<p>“Service delivery is everything,” she explains. “To do it well, we need strong infrastructure underneath, such as business mapping, clear processes and operational discipline. That is what allows peoplecentred work to truly thrive.”&nbsp;</p>



<p>Culture, however, always comes first.&nbsp;</p>



<p>“Culture is the&nbsp;best possible&nbsp;foundation,” Kylie says. “If you get that right, the rest follows.”&nbsp;</p>



<h2 class="wp-block-heading">Paying it forward</h2>



<p>Some of&nbsp;Kylie’s career highlights&nbsp;are not programs or&nbsp;projects, but&nbsp;seeing what&nbsp;people&nbsp;can achieve.&nbsp;</p>



<p>Early in her career, she was supported by inspirational leaders who believed in her potential. Now, she is committed to paying that forward through mentoring and peer support.&nbsp;</p>



<p>“Mentoring is one of the most worthwhile, costeffective and positive things this sector can do,” she says.&nbsp;</p>



<p>Kylie has mentored colleagues who have gone on to lead major service delivery programs in the Northern Territory, the UK and with the United Nations, with others now operating at executive and senior director level in government.&nbsp;</p>



<p>“There is honestly nothing that makes me happier than seeing people reach their full potential,” she says.&nbsp;</p>



<p>She is also passionate about creating exposure for emerging leaders, deliberately bringing junior team members into conferences, government meetings and strategic conversations.&nbsp;</p>



<p>“They need to see what is possible,” she says. “That visibility can change everything.”&nbsp;</p>



<h2 class="wp-block-heading">Advice for the next generation</h2>



<p>Her advice is both practical and encouraging.&nbsp;&nbsp;Think about the career you want and build it deliberately. Do not be discouraged by rejection, a&nbsp;‘no’&nbsp;today does not mean you are not good enough. Often, it simply means&nbsp;‘not yet’.&nbsp;</p>



<p>“Keep going,” she says. “Next month. Next year. Until you get where you need to be.”&nbsp;</p>



<h2 class="wp-block-heading">Looking ahead</h2>



<p>As CEO of Havelock Housing, Kylie remains focused on strengthening service delivery, nurturing culture and developing the next generation of leaders within the sector.&nbsp;</p>



<p>Bloom is proud to support Havelock Housing and grateful to Kylie for sharing her story, her leadership and her belief that life truly begins at the end of your comfort zone.&nbsp;</p>
<p>The post <a href="https://bloomhr.com.au/insights/leadership/career-story-kylie-maidens/">Career Story:  Kylie Maidens &#8211; Life begins at the end of your comfort zone</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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		<title>When Your Own HR Policy Becomes Your Worst Enemy</title>
		<link>https://bloomhr.com.au/insights/fair-work-commission/when-your-own-hr-policy-becomes-your-worst-enemy/</link>
		
		<dc:creator><![CDATA[Natalie Carrington]]></dc:creator>
		<pubDate>Thu, 19 Mar 2026 22:30:00 +0000</pubDate>
				<category><![CDATA[Fair Work Commission]]></category>
		<category><![CDATA[Industrial Relations]]></category>
		<guid isPermaLink="false">https://bloomhr.com.au/?p=1777</guid>

					<description><![CDATA[<p>Fair Work Friday: Triple Zero Victoria’s Redundancy Defence Fails Welcome to Fair Work Friday! I must admit I&#8217;m ...</p>
<p>The post <a href="https://bloomhr.com.au/insights/fair-work-commission/when-your-own-hr-policy-becomes-your-worst-enemy/">When Your Own HR Policy Becomes Your Worst Enemy</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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<h3 class="wp-block-heading">Fair Work Friday: Triple Zero Victoria’s Redundancy Defence Fails</h3>



<p>Welcome to Fair Work Friday! I must admit I&#8217;m learning as I hope you are from these recent decisions. So let&#8217;s get into it. </p>



<p>This one is a good reminder for HR practitioners who have policies that actually trap you rather than assist and protect organisations and their employees.</p>



<p><strong>The Case:</strong></p>



<p>Recently, the Fair Work Commission (FWC) rejected a genuine redundancy defence from Triple Zero Victoria. While there was a legitimate operational reason to restructure, the FWC ruled the redundancy was not genuine because the People and Culture team failed to follow their own internal Redundancy and Redeployment (R&amp;R) policy.</p>



<p>They didn&#8217;t assign a case manager, didn&#8217;t conduct a skills assessment, and failed to meet with the employee in a timely manner to discuss redeployment opportunities. Deputy President Ian Masson found that the organisation &#8220;singularly failed&#8221; the employee by not following the significant elements of the policy they had in place.</p>



<p><strong>The 3 Pillars of a Genuine Redundancy</strong></p>



<p>To be protected from an unfair dismissal claim, a redundancy must meet all three criteria under Section 389 of the Fair Work Act:</p>



<ol class="wp-block-list">
<li><strong>Operational Change:</strong> The employer no longer requires the person’s job to be performed by anyone because of changes in the operational requirements of the enterprise.</li>



<li><strong>Consultation:</strong> The employer has complied with any obligation in a modern award or enterprise agreement to consult about the redundancy.</li>



<li><strong>Redeployment:</strong> It would not have been reasonable in all the circumstances for the person to be redeployed within the employer’s enterprise.</li>
</ol>



<p><strong>The Bloom HR Takeaway &#8211; Less is More</strong></p>



<p>At Bloom HR, our advice is often counter-intuitive. We recommend not having reams of policy that stranglehold you and the organisation. These policies often don&#8217;t enable you to ensure the process actually meets the needs of the business or the person affected, and if you are not following your own policy, your organisation will be affected.</p>



<p>A rigid policy locks you into a process where the moment you deviate, you create a legal opening. Instead, we suggest sticking to the consultation requirements outlined in the relevant Modern Award or the Fair Work Guidelines. Don&#8217;t lock yourself down to a process that might not meet individual circumstances. Managing on a case-by-case basis allows you to be flexible, fair, and work with the needs of the employee. Don&#8217;t set yourself up to fail.</p>



<p>Is your HR handbook full of legal traps you have set for yourself? Let’s strip back the complexity and focus on what works.</p>



<p><strong><a href="https://www.linkedin.com/redir/redirect?url=https%3A%2F%2Foutlook%2Eoffice%2Ecom%2Fbookwithme%2Fuser%2F63e8b947168b4c67bd8c80a938fbf647%40bloomhr%2Ecom%2Eau%2Fmeetingtype%2FqJxxADBb_k2bEyR1y6W81g2%3Fanonymous%26ismsaljsauthenabled%26ep%3DmLinkFromTile&amp;urlhash=NYVX&amp;trk=article-ssr-frontend-pulse_little-text-block" target="_blank" rel="noreferrer noopener">Schedule a time for a chat</a>, call us on <a href="http://+61 2 8144 4449">+61 2 8144 4449 </a>or email us at <a href="https://www.linkedin.com/redir/redirect?url=mailto%3Ahello%40bloomhr%2Ecom%2Eau&amp;urlhash=7G74&amp;trk=article-ssr-frontend-pulse_little-text-block" target="_blank" rel="noreferrer noopener">hello@bloomhr.com.au</a></strong></p>



<p>FairWorkFriday #HumanResources #EmploymentLaw #Redundancy #HRStrategy #WorkplaceCulture #BloomHR #NFP</p>



<p></p>
<p>The post <a href="https://bloomhr.com.au/insights/fair-work-commission/when-your-own-hr-policy-becomes-your-worst-enemy/">When Your Own HR Policy Becomes Your Worst Enemy</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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		<title>Fair Work Friday: A $680,000 Wake-Up Call</title>
		<link>https://bloomhr.com.au/insights/employee-engagement/blooms-fair-work-friday-a-680000-wake-up-call/</link>
		
		<dc:creator><![CDATA[Natalie Carrington]]></dc:creator>
		<pubDate>Fri, 13 Mar 2026 12:51:30 +0000</pubDate>
				<category><![CDATA[Employee Engagement]]></category>
		<guid isPermaLink="false">https://bloomhr.com.au/?p=1769</guid>

					<description><![CDATA[<p>A recent ruling by the Federal Circuit and Family Court has sent a clear message across the Australian ...</p>
<p>The post <a href="https://bloomhr.com.au/insights/employee-engagement/blooms-fair-work-friday-a-680000-wake-up-call/">Fair Work Friday: A $680,000 Wake-Up Call</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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<p>A recent ruling by the Federal Circuit and Family Court has sent a clear message across the Australian not-for-profit sector. St Vincent de Paul Society Queensland was ordered to pay over $680,000 following the dismissal of a regional manager—a figure that would be devastating for almost any NFP.</p>



<p>At Bloom, this case caught our attention because it highlights a common struggle for purpose-led organisations: balancing the mission with the complex legal realities of managing people.</p>



<h2 class="wp-block-heading">Behind the Ruling</h2>



<p>The employee had raised repeated concerns about workplace culture, bullying, and a lack of support. Instead of these concerns being effectively managed, the organisation initiated a misconduct investigation and dismissed her shortly after.</p>



<p><strong>The Court’s View:</strong> Judge Salvatore Vasta found the investigation was not a search for the truth, but a <strong>&#8220;smokescreen&#8221;</strong> used to justify removing an employee who had become &#8220;inconvenient&#8221; for exercising her right to complain. This was ruled a breach of <strong>General Protections</strong> (Adverse Action).</p>



<h2 class="wp-block-heading">The Human and Financial Impact</h2>



<p>The $680,000 payout wasn&#8217;t just a penalty; it was largely compensation for the manager&#8217;s total loss of future earnings. The Court found that the employer’s actions—ignoring her pleas for help and then weaponising an investigation—aggravated a pre-existing psychological condition to the point where she can no longer work.</p>



<p>In the NFP space, we often lead with heart, but this case is a reminder that <strong>procedural fairness is a non-negotiable duty of care.</strong></p>



<h2 class="wp-block-heading">Key Lessons for NFP Leaders</h2>



<p></p>



<ul class="wp-block-list">
<li><strong>Grievances are a Request for Help:</strong> In a sector driven by support, we must apply that same care internally. Addressing cultural red flags early prevents them from becoming $680k legal liabilities.</li>
</ul>



<ul class="wp-block-list">
<li><strong>The Rule:</strong> Performance issues and grievances must be handled in separate &#8220;silos.&#8221; Using a disciplinary process to resolve a difficult relationship after a complaint is made is a high-risk move.</li>



<li><strong>The Reality of Reverse Onus:</strong> Under the Fair Work Act, if an employee claims they were sacked for speaking up, <strong>you</strong> must prove the complaint played 0% part in your decision. Transparency and integrity are your only real defences.</li>
</ul>



<h2 class="wp-block-heading">The Bloom Takeaway </h2>



<p>At Bloom, our vision is to create workplaces where people feel valued and empowered so they can focus on their mission. This ruling shows that integrity in HR isn&#8217;t just about compliance,it’s about sustainability. When an NFP faces a massive payout, it isn&#8217;t just a budget line item; it’s funding taken away from the customers and communities you support. A fair process protects your organisation’s future, but more importantly, it protects the people who make your impact possible.</p>



<p></p>
<p>The post <a href="https://bloomhr.com.au/insights/employee-engagement/blooms-fair-work-friday-a-680000-wake-up-call/">Fair Work Friday: A $680,000 Wake-Up Call</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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		<title>Career Story: Caroline McDaid on Leadership, Purpose and Impact</title>
		<link>https://bloomhr.com.au/insights/leadership/career-story-caroline-mcdaid-on-leadership-purpose-and-impact/</link>
		
		<dc:creator><![CDATA[Rebecca Till]]></dc:creator>
		<pubDate>Thu, 12 Mar 2026 14:05:32 +0000</pubDate>
				<category><![CDATA[Career Story]]></category>
		<category><![CDATA[Leadership]]></category>
		<guid isPermaLink="false">https://bloomhr.com.au/?p=1705</guid>

					<description><![CDATA[<p>For more than 45 years, WorkVentures has helped close Australia’s digital divide, create pathways into employment, and deliver ...</p>
<p>The post <a href="https://bloomhr.com.au/insights/leadership/career-story-caroline-mcdaid-on-leadership-purpose-and-impact/">Career Story: Caroline McDaid on Leadership, Purpose and Impact</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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<p>For more than 45 years, <a href="https://workventures.com.au/">WorkVentures</a> has helped close Australia’s digital divide, create pathways into employment, and deliver technology solutions that strengthen communities. </p>



<p>Hundreds of thousands of people have benefited from its programs. Its most recent chapter, under the leadership of CEO Caroline McDaid, has been marked by expansion into cyber security, the creation of a <a href="https://nationaldevicebank.org.au/">national device bank</a>, and ground breaking work to address technology‑enabled domestic abuse.</p>



<p>Bloom has been proud to support WorkVentures as its HR partner for more than a decade, working closely with Caroline and her team through a period of growth, innovation and deep community impact. </p>



<p>Caroline&#8217;s career story is a fascinating one, and we’re excited to share it.</p>
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<h2 class="wp-block-heading">A career of unexpected turns</h2>



<p>Caroline describes her journey as “decidedly non‑linear,” beginning in external audit soon after graduating with a degree in Accounting &amp; Finance. Looking back, she says she would reassure her 21‑year‑old self that a non‑linear career is a strength, not a weakness.</p>



<p>“Careers are journeys with intersections, bridges and unexpected turns,” she reflects. “Nothing is finite. Every experience helps shape your next step. Even the roles that don’t energise you help clarify the direction you do want to go, and reveal your real strengths.”</p>



<p>Her first role was with Ernst &amp; Young in Glasgow. Two years in, she accepted a sponsored move to EY Sydney, a temporary relocation that has now been home for 22 years.</p>



<p>Caroline then joined Foxtel, where the culture felt a world away from a ‘Big Four’ accountancy firm. .</p>



<p>“I’ll never forget having a TV on my desk, and a giant slide between floors,” she laughs. “It was a far cry from professional services!”</p>



<p>At Foxtel she worked across major national projects, including the Olympic and Commonwealth Games, new sport channel launches, broadband service launches and digital partnerships with some of Australia’s largest telcos. It was a rewarding commercial career, but a growing interest in purpose‑driven work began to shape her next steps.</p>



<h2 class="wp-block-heading">A climate wake-up call</h2>



<p>In 2018, the release of the IPCC climate report, combined with Australia’s escalating environmental challenges, prompted Caroline to make a bold change. She left Foxtel after 13 years to join Greenpeace Australia Pacific.</p>



<p>Moving from commercial media to a global environmental organisation was a significant shift. Shortly after she arrived, the Black Summer bushfires blanketed Sydney in smoke for weeks, providing a vivid and confronting reminder of the urgency of climate change.</p>



<p>“My time at Greenpeace fundamentally changed my perspective,” she says. “It made the issues impossible to ignore and showed me how purpose‑driven organisations can scale impact in powerful ways.”</p>



<h2 class="wp-block-heading">Finding the bridge between purpose and commerciality</h2>


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<figure class="aligncenter size-medium"><img loading="lazy" decoding="async" width="600" height="164" src="https://bloomhr.com.au/wp-content/uploads/2026/03/WV19101_Refresh_brand_Logos_master-6-600x164.png" alt="" class="wp-image-1742" srcset="https://bloomhr.com.au/wp-content/uploads/2026/03/WV19101_Refresh_brand_Logos_master-6-600x164.png 600w, https://bloomhr.com.au/wp-content/uploads/2026/03/WV19101_Refresh_brand_Logos_master-6-1200x328.png 1200w, https://bloomhr.com.au/wp-content/uploads/2026/03/WV19101_Refresh_brand_Logos_master-6-768x210.png 768w, https://bloomhr.com.au/wp-content/uploads/2026/03/WV19101_Refresh_brand_Logos_master-6-1536x420.png 1536w, https://bloomhr.com.au/wp-content/uploads/2026/03/WV19101_Refresh_brand_Logos_master-6-2048x560.png 2048w" sizes="auto, (max-width: 600px) 100vw, 600px" /></figure>
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<p>Caroline joined WorkVentures after an introduction through a professional connection — an opportunity that perfectly aligned her commercial experience with her desire for social impact.</p>



<p>“At WorkVentures, we combine social purpose with a commercial, client‑centred model,” she explains. “It allows us to be sustainable, scalable and focused on quality.”</p>



<p>Her arrival coincided with the onset of the COVID‑19 pandemic. While home‑schooling her two daughters, she witnessed firsthand how deeply the digital divide affected families. “Children without devices or digital skills were falling behind. The digital divide widened overnight.</p>



<h2 class="wp-block-heading">Programs close to Caroline’s heart</h2>



<p>Almost five years into her journey as WorkVentures’ CEO, two initiatives stand out among Caroline’s proudest achievements: the Technology Facilitated Abuse (TFA) Playbook and WorkVentures’ support of <a href="https://www.thesmithfamily.com.au/programs/learning-for-life">The Smith Family’s Learning for Life program</a>.</p>



<p>The Technology Facilitated Abuse (TFA) Playbook addressed a real gap in support available to domestic abuse survivors and caseworkers.&nbsp; Sadly, this form of abuse is rapidly on the rise, where perpetrators use digital devices, spyware, &amp; social media to control, monitor, or harass victim-survivors; it’s complex, fast-evolving and increasingly common.&nbsp; The Playbook provides practical tools, safety checklists and step-by-step guidance for caseworkers supporting victim-survivors. The impact was immediate, the Playbook helped frontline workers support more than 1,000 victim-survivors in a single region in its initial rollout.</p>



<p>Equally meaningful for Caroline is the organisation’s work with <a href="https://www.thesmithfamily.com.au/">The Smith Family</a> on their <a href="https://www.thesmithfamily.com.au/programs/learning-for-life">Learning for Life program</a>, an initiative supporting over 70,000 young people &nbsp;experiencing poverty to stay engaged throughout their education. These children often start school already behind their peers, through no fault of their own, simply because they lack access to the tools and opportunities many others take for granted.</p>



<p>Working alongside community partners and program specialists, Caroline’s team helped shape a model that delivers not only the digital devices children need for learning, but also the essential digital skills that empower entire families to use technology confidently. For Caroline, the project demonstrated how thoughtful design and technology can improve real-life outcomes for children and their families.</p>



<p>For Caroline, both projects reflect the best of social enterprise.&nbsp; “This is technology expertise being used for profound human benefit,” she says.</p>



<h2 class="wp-block-heading">Looking ahead</h2>



<p>Caroline’s career shows what can happen when commercial leadership and social purpose work together.</p>



<p>From negotiating Olympic broadcast rights to tackling digital poverty, her journey has been defined by adaptability and a commitment to meaningful change.</p>



<p>Looking ahead, she is focused on scaling Work Ventures’ impact, including the continued growth of the <a href="https://nationaldevicebank.org.au/">National Device Bank</a>, an initiative aiming to secure one million donated devices to help reduce digital poverty across Australia.</p>



<p>As WorkVentures enters its next chapter, Caroline remains committed to ensuring technology becomes a pathway to opportunity, not a barrier.</p>



<p>Bloom is proud to support <a href="https://workventures.com.au/">WorkVentures</a> and grateful to Caroline for sharing her story and leadership.</p>



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<figure class="wp-block-image size-large"><img loading="lazy" decoding="async" width="960" height="1200" data-id="1749" src="https://bloomhr.com.au/wp-content/uploads/2026/03/Caroline-Kings-Trust-960x1200.jpg" alt="" class="wp-image-1749" srcset="https://bloomhr.com.au/wp-content/uploads/2026/03/Caroline-Kings-Trust-960x1200.jpg 960w, https://bloomhr.com.au/wp-content/uploads/2026/03/Caroline-Kings-Trust-480x600.jpg 480w, https://bloomhr.com.au/wp-content/uploads/2026/03/Caroline-Kings-Trust-768x960.jpg 768w, https://bloomhr.com.au/wp-content/uploads/2026/03/Caroline-Kings-Trust.jpg 1080w" sizes="auto, (max-width: 960px) 100vw, 960px" /></figure>



<figure class="wp-block-image size-large"><img loading="lazy" decoding="async" width="1200" height="900" data-id="1750" src="https://bloomhr.com.au/wp-content/uploads/2026/03/Caroline-NDB-1200x900.jpg" alt="" class="wp-image-1750" srcset="https://bloomhr.com.au/wp-content/uploads/2026/03/Caroline-NDB-1200x900.jpg 1200w, https://bloomhr.com.au/wp-content/uploads/2026/03/Caroline-NDB-600x450.jpg 600w, https://bloomhr.com.au/wp-content/uploads/2026/03/Caroline-NDB-768x576.jpg 768w, https://bloomhr.com.au/wp-content/uploads/2026/03/Caroline-NDB-1536x1152.jpg 1536w, https://bloomhr.com.au/wp-content/uploads/2026/03/Caroline-NDB.jpg 1599w" sizes="auto, (max-width: 1200px) 100vw, 1200px" /></figure>
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<p>Pictured above left, is Caroline attending The King&#8217;s Trust Australia Awards and above right, presenting on the National Device Bank to the Women in Tech Fest 2026.</p>
<p>The post <a href="https://bloomhr.com.au/insights/leadership/career-story-caroline-mcdaid-on-leadership-purpose-and-impact/">Career Story: Caroline McDaid on Leadership, Purpose and Impact</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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		<title>Fair Work Friday: Navigating Dismissal and Permanent Incapacity</title>
		<link>https://bloomhr.com.au/insights/fair-work-commission/blooms-fair-work-friday-navigating-dismissal-and-permanent-incapacity/</link>
		
		<dc:creator><![CDATA[Natalie Carrington]]></dc:creator>
		<pubDate>Thu, 05 Mar 2026 14:16:08 +0000</pubDate>
				<category><![CDATA[Fair Work Commission]]></category>
		<category><![CDATA[Industrial Relations]]></category>
		<guid isPermaLink="false">https://bloomhr.com.au/?p=1755</guid>

					<description><![CDATA[<p>Managing long-term illness or injury in the workplace is one of the most challenging responsibilities for any Australian ...</p>
<p>The post <a href="https://bloomhr.com.au/insights/fair-work-commission/blooms-fair-work-friday-navigating-dismissal-and-permanent-incapacity/">Fair Work Friday: Navigating Dismissal and Permanent Incapacity</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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<p><em>Managing long-term illness or injury in the workplace is one of the most challenging responsibilities for any Australian business owner or HR professional. </em></p>



<p><em>Balancing the genuine needs of an unwell employee with the operational requirements of your organisation requires a high degree of empathy, but it also requires a firm understanding of the law.</em></p>



<h2 class="wp-block-heading">The Case</h2>



<p>In a recent matter before the Fair Work Commission, a WorkSafe inspector with 26 years of tenure was dismissed in July 2023. The employee had been diagnosed with Post-Traumatic Stress Disorder (PTSD), and his employer argued that he could no longer perform the &#8220;inherent requirements&#8221; of his role.</p>



<p>The employee challenged the dismissal, claiming it was unfair. He argued that the organisation had failed to provide the necessary early intervention or rehabilitation programs that might have facilitated a successful return to work.</p>



<h2 class="wp-block-heading">The Ruling</h2>



<p>Commissioner Emma Thornton ruled that the dismissal was not unfair. The decision rested heavily on the medical evidence provided, which was &#8220;guarded&#8221; regarding the employee’s ability to ever regain his capacity for work.</p>



<p>The Commission found that due to the &#8220;likely permanence&#8221; of the incapacity, the employer was not legally required to exhaust all avenues of redeployment or rehabilitation before moving to termination. Commissioner Thornton noted that an employer cannot be expected to leave a position unperformed indefinitely when there is no foreseeable return to duty.</p>



<h2 class="wp-block-heading">How to do it better</h2>



<p>While the employer’s decision was upheld in this instance, these cases are rarely simple. To manage these situations with both compassion and legal rigour, consider the following:</p>



<ul class="wp-block-list">
<li><strong>Prioritise Clear Medical Evidence:</strong> Do not rely on internal assumptions. Base your decisions on contemporary, specialist medical reports that specifically address the employee&#8217;s ability to perform the inherent requirements of their role.</li>



<li><strong>Maintain Procedural Fairness:</strong> Even when a return to work seems unlikely, ensure the employee is consulted throughout the process. They should have the opportunity to respond to the medical evidence before a final decision is made.</li>



<li><strong>Document Support Efforts:</strong> While the Commission ruled that rehabilitation wasn&#8217;t mandatory here due to the permanence of the condition, documenting the support you have offered demonstrates that your organisation has acted reasonably and in good faith.</li>
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<h2 class="wp-block-heading">The Bloom Takeaway</h2>



<p>This ruling serves as a vital reminder that while the Fair Work Act provides significant protections for employees, it also recognises the commercial and operational realities of running a business. When a medical condition prevents an employee from performing their core duties for the long term, and no reasonable adjustments can change that reality, an organisation has the right to protect its operational integrity. Fairness must apply to both the individual and the sustainability of the workplace.</p>
<p>The post <a href="https://bloomhr.com.au/insights/fair-work-commission/blooms-fair-work-friday-navigating-dismissal-and-permanent-incapacity/">Fair Work Friday: Navigating Dismissal and Permanent Incapacity</a> appeared first on <a href="https://bloomhr.com.au">Bloom HR</a>.</p>
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