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The Flexibility Double Standard

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Prospective dads and partners can now apply for paid time off work when their new baby is born. Eligible fathers are entitled to two weeks paid leave under the federal governments Dad and Partner Pay scheme, as of 1 January 2013.

The leave itself is not a new entitlement, but the payment is. Under the national employment standard, eligible fathers and partners were already entitled to three weeks’ unpaid leave. Eligible fathers will be paid at the national minimum wage – roughly $606 per week – for two of the three weeks.

The payment will also be available to adopting parents and parents in same-sex couples who share the role of caring for a child born or adopted from January 1, 2013. It is also means tested – fathers must earn less than $150,000 per annum in the previous financial year.

Families Minister Jenny Macklin, suggests that the new entitlement is a “’use it or lose it’ provision to encourage fathers and other partners to take some time off, and signals to employers that a father’s role in caring for a new baby is important.”

The Productivity Commission recommended providing paid leave for dads, arguing it would reduce the financial and emotional pressure on families and sends a strong signal that taking time out of the paid workforce to care for children was part of the usual course of life.

It also signals a shift in perception surrounding flexibility for men in the workplace.

Nevertheless, flexibility is most often thought of in terms a women’s role juggling her family and her career.  Not as much reverence is given to male workers who want to take time off to support their child at a cricket match or take a sick child to the doctor.

The effect of inflexible workplaces on men has been largely overlooked, inspiring a new report, Men Get Flexible! Mainstreaming Flexible Work in Australian Business.

The report highlights that men are burdened by the prospect of balancing their work and family/personal obligations. They are reticent to ask for flexibility, fearing that it will negatively affect their career prospects.

While 79% of young fathers would prefer to choose their start and finish times, only 41% actually do. Similarly, 79% of young fathers prefer to work a compressed work week, but only 24% do.

The report also indicates that 18% of men have seriously considered leaving their jobs because of a lack of flexibility. This figure increased to 37% for young fathers.

This makes sense given that only a small number of male leaders have engaged in flexible work arrangements in a meaningful way, thus proving that success and flexible work can coexist.

Despite this, having the flexibility to manage their family/personal life was in the top five job characteristics for all men, while for younger fathers it was the third most highly valued job characteristic.

As we know, flexibility drives productivity. A recent Regus report suggests that flexible ways of working are becoming more the norm as businesses and employees enjoy the personal and commercial benefits these practices afford.

Business managers across the globe report that staff have a better work/life balance and are more energized and motivated as a result of flexible working. It has thus become a key talent retention tool.

The Regus report provides hard evidence that businesses globally are convinced that flexible work helps companies overcome barriers for growth. The majority, 72%, of global businesses report that increased productivity is a direct result of flexible working practices.

However, if male leaders persist in not engaging in flexible work options for themselves, the implication is unmistakable: Only employees who spend long hours in the office will thrive.

Nareen Young, chief executive of Diversity Council Australia, says more men (64%) are now part of dual-earner families, which means they are expected to be more involved in parenting. On top of parenting responsibilities, 31% of men have elder care commitments.

With regard to employers, Young says, “flexible working arrangements should be standard practice, rather than merely the domain of mothers with young children.”

Thus, organisations need to promote and encourage an organisational culture that is more supportive of flexible work for men, coupled with a durable approach beyond parental leave.

As males disproportionately claim leadership positions, it is essential that they are involved in guiding organisational change with regards to flexibility.

Discussing unconscious bias in New Zealand

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On 19th September, Symmetra’s CEO Heather Price, was a guest speaker at a breakfast seminar in Auckland, hosted by the Equal Employment Opportunities (EEO) Trust and the Auckland Chamber of Commerce.

The EEO Trust is a not-for-profit organisation designed to provide EEO information and tools to employers and raise awareness of diversity issues in the workplace in New Zealand. The EEO Trust provides employers with the latest resources, ideas and information to support workplaces to achieve success through effectively managing diversity

This presentation was particularly timely given that the NZX Diversity Rule was recently introduced in June of this year, and must be applied to annual reports for all NZX Main Board listed issuers on or after 31 December 2012

The new Diversity Rule will require listed issuers to:

  • Disclose in its annual report the gender composition of its Board, senior management team and any Subsidiary board; and
  • Give an evaluation of their performance, if they have a formal diversity policy, with respect to that policy

The statistics coming out of New Zealand are quite troubling in relation to gender diversity. Though women are driving the economy, now making up 47% of the NZ workforce, women are radically underrepresented in leadership positions.

Currntly, women hold only 9 per cent of private sector directorships[1] and less than one-tenth of directors on New Zealand’s top 100 listed companies are women. [2]  The majority of NZX 100 companies have no female directors, while women account for 21 per cent of management positions reporting directly to chief executives.[3

Heather highlighted the fact that in New Zealand, only “7.5% of board roles are occupied by women. New Zealand is at the back of the bus compared to many other nations . . . this is disappointing for a country which was the first self governing country in the world to grant all women the right to vote in parliamentary elections as long ago as 1893.” This was a  pertinent observation given that Heather was presenting on Women’s Suffrage Day in New Zealand.

Heather suggested that the NZX Diversity Rule is a “half step” and does not reach as far as the Australian Diversity rule because it doesn’t demand that a company is accountable and mandatorily disclose why it does not have a diversity policy.

“NZX’s decision not to require listed companies to adopt gender diversity policies is disappointing.” Heather mentioned that there will be pressure on NZX to move to a compulsory model, like Australia’s, if its current approach is not effective.

Heather explained that unconscious bias is the reason why we are witnessing so little traction in the advancement of women in the workplace, despite the plethora of initiatives that organisations have put in place, locally and globally, to assist the advancement of women.

This idea that unconscious bias is the major barrier to the advancement of diverse groups in the workplace really challenges the traditional paradigm on diversity. It fundamentally disputes the idea that patterns of discrimination or exclusion in organisations are practiced consciously by those who are biased and that people who are not biased know better, and do the right thing.

Although it may have been confronting for the attendees to hear, Heather made it clear that every single one of us is biased towards something, someone or some group. Thus, our biases impact on the everyday decisions we make in the workplace.

The EEO trust members felt that “the thought provoking and informative presentation by Heather Price about prejudice on the career ladder certainly left many attendees wanting to learn more about her research into unconscious bias and how to deal with it.”

The EEO Trust was very enthusiastic about Heather’s presentation, highlighting its impact:  “We would like to have Heather present further seminars about the underbelly of workplace bias.  After her presentation, most attendees were talking about how interesting and challenging it was for those who hire and fire in the workplace.”

The EEO trust has invited Heather back in 2013 to deliver a series of other presentations around diversity and inclusion in New Zealand.

 


[1] Georgina Bond, “NSX adopts Gender Diversity,” Business Review, 7 May, 2012, http://www.nbr.co.nz/article/nzx-adopts-gender-diversity-gb-122829

[2] http://www.mwa.govt.nz/women-in-nz/stats

[3] Ibid.

Symmetra Brand Launch Party

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On 20 September 2011 we had a fantastic party to officially celebrate the changing of our name and the launch of our new brand, Symmetra!

The event was attended by about 100 of our colleagues, clients and suppliers. They enjoyed a pleasant evening on Jones Bay Wharf, where there was music, drinks and canapes on offer.

We’d like to thank everyone who has supported us on our journey an helped us continue to grow. The launch of Symmetra is a milestone we are proud of and the start of a whole new phase for our business – with new lines of service, new clients and increased international operations.

Inclusion leads to engagement

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Aussie employees are grudgingly hauling themselves to work and are apathetic and disengaged.  A recent global survey published in 2012 by Gallup indicates that Aussie workers are among the most dissatisfied in the world, with only 21 per cent engaged in their work.

The survey, a poll of 47,000 people in more than a hundred countries, 2000 of whom were from Australia,  found that 61 per cent of Australians exhibit signs of being ‘not-engaged’. Gallup portrays these employees as “sleepwalking through their workday, putting time — but not energy or passion — into their work.”

The numbers contained in this study are persuasive. Yet, many leaders and managers are still confused as to what employee engagement really means.

Employee engagement is a measure of what staff are thinking and feeling when they arrive at work, which influences how much effort they’re willing to invest in their job.

A commitment to diversity and inclusion drives engagement. Creating an inclusive work environment is fundamental to attracting and retaining staff.  According to Gallup Consulting, employee engagement and diversity are inextricably related, shaping the perceptions of the employee and providing a foundation for fairness and opportunity.

When an employee perceives that a company and its leadership are committed to a diverse and inclusive workplace, they are:

  • More likely to stay with that company
  • More likely to recommend their company to people they trust
  • Less likely to have experienced discrimination
  • Less likely to miss days at work
  • More engaged in their work

In terms of other developed nations, we are still less engaged, but the gap is not as great. One in five Canadians are content with their employment, 23 per cent of British and Kiwis are engaged, and in the US, 28 per cent of workers feel satisfied in their job.

It was found that 31 per cent of Costa Ricans, 30 per cent of Guatemalans, and 29 per cent of Brazilians are the most satisfied in their careers, indicating high levels of engagement. Overall, the global average of engagement is 27 per cent.

Shockingly, 17 per cent of Australians were found to be “actively disengaged.” Such employees are not just unmotivated or indifferent; they are focusing on efforts to sabotage their employers and undermine the efforts of their motivated co-workers.

Almost two thirds of Australian employees deem themselves to be emotionally detached from their employer, and so they just do the bare minimum.

Research highlights how engaged employees are “more satisfied, loyal, productive and profitable” than their disengaged colleagues. The cost of bludging is more than just the expense of paying employees who don’t arrive at work. There is the accrual of missed opportunities, reduced productivity, and the impact of stress on other staff who are obligated to take on the slacker’s work.

According to a study by the University of Western Australia, absenteeism costs the private sector $2 billion in lost productivity a year. In the public sector, it’s $5 billion. The same study found that, on average, 2.7 per cent of the Australian workforce is absent on unapproved leave on any given day.

Gallup estimates the economic cost of this disengagement at a jaw-dropping $42.1 billion globally.

Gallup’s figures show that organisations with staff engagement in the top quartile had growth in earnings per share that was more than four times higher than their competitors’ median. Hence, having content and fulfilled employees is good for business.

According to the Corporate Leadership Council, the most critical driver for increasing engagement levels is that a manager demonstrates a strong commitment to diversity. If employees feel included and respected by their leadership, they will be more engaged.

Fixing the Flawed Approach to Diversity

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(Boston Consulting Group, Jan 2019, by M. Kretz and others)

ABSTRACT:

This article begins with the observation that while many companies and their leaders recognise the benefits that diversity brings and have instituted various kinds of diversity initiatives, across the board the reality is that progress has been slow. (The authors are, of course not the first to have bemoaned the very slow progress globally to reach levels of diversity in organisations which remotely reflect the diversity in the population at large.) Essentially, as the authors explain, leaders still have blind spots when it comes to the difficulties of implementing a sustained diversity program.

The authors surveyed some 16,500 people worldwide to identify the most effective diversity and inclusion results. Their survey traversed three broad categories of diversity: gender; race and sexual orientation. Through their research the authors assert that they have been able to determine what are the solutions to the diversity conundrum.

Launching programs and expecting results, they say, is not a recipe for success- a proposition with which we at Symmetra certainly agree. The essential elements of success in a diversity initiative must include the following, according to the article:

  • Leadership commitment
  • A tailored approach
  • Metrics for gauging progress
  • Involvement of all employees

Another important error committed by company leaders and identified by the authors is the place or point in time when the biggest obstacles to diversity occur. Obstacles could potentially occur in any one of four areas: recruiting, retention, advancement, leadership commitment. While many leaders see recruiting as the place where the biggest problems arise and need to be overcome, in fact, members of diverse groups experience problems later when they are already employed.

Subtle biases which come into play daily and which are experienced most acutely by members of diverse groups are often the cumulative reasons why members of these groups decide to leave. Training on unconscious bias can be extremely useful but only so if it is done in a systematic and comprehensive way . Such training must incorporate actionable strategies to counteract the biases that exist  and are inherent in human cognitive processes.

Practical stratagems which are tailored and implemented consistently and sustainably will render the most positive results  Different diversity initiatives may achieve different degrees of success for each of the three  diverse groups surveyed. And in support of this argument the authors set out in a table the most effective diversity initiatives as ranked by  female employees; employees of colour  and members of LBGTQ. A significant portion of the article deals with helpful and detailed descriptions of what are considered the most effective programs and how some of the most successful D& I initiatives have been carried out.

Whether indeed this article has truly pinpointed “ the solutions” to the somewhat intractable problem of reaching plausible levels of diversity in organisations remains to be seen. But there is a good deal of food for thought in it and many of the suggestions offer sensible and practical modes of implementing diversity strategies.

Read original article here. 

International Womens Day 2021 – #ChoosetoChallenge

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“I’m about to embark on a six-month secondment.”

That’s what I’ve been telling myself these last few weeks as I transition into the daunting world of parenthood. All the parents out there reading this are no doubt having a chuckle to themselves thinking I must be kidding myself if I think I’ll simply snap back into a full-fledged working professional again at the end of this “secondment”. The reality is that this is only the start of the wildest ride of my life filled with doubt, anxiety and non-stop questioning of “am I doing it right?”. I should disclose at this point, that I’m expecting twin girls (surprise!), so in fact, let’s just double the doubt, anxiety and non-stop questioning!

Given the news, it’s no surprise that International Women’s Day this year has felt more significant to me than ever before. The #IWD2021 theme is #ChooseToChallenge and it’s a topic that my partner and I have discussed in detail over the last seven months, especially when it comes to how we’ll raise our two girls. The list is long and it’s only the beginning, but here is my promise:

  • I #ChooseToChallenge the stigma of the working mum AND working dad. I’m fortunate to have a supportive partner who truly wants to balance the parenting duties with our careers and an employer who lives and breathes flexible working every day. However, I’d be lying if I didn’t acknowledge that already we have experienced the challenges and unhelpful comments this ideal comes with. It’s unfortunate, but research has also found the global pandemic has and will continue to cause deep long-term damage to women’s careers in particular, as we all work towards the “new normal”.
  • I #ChooseToChallenge the gender stereotypes that define what girls should wear and instead support clothing choices that are comfortable, makes them feel good about themselves and sends a message that they can be just as brave, strong and powerful as all the other kids in the playground.
  • I #ChooseToChallenge the barriers that detract girls from studying and eventually pursuing a career in STEM. Instead, we want to encourage our daughters to give all subjects a go – even the ones that seem impossible. The fact that there are great organisations like this one out there supporting STEM learning, innovation and creativity at all ages, fills me with real hope.
  • I #ChooseToChallenge the glass and bamboo ceiling that still exists in Australia and continue to advocate for more female and cultural representation in leadership positions. It’s something that is personally very important to me, to know that my daughter’s will have access to the same career opportunities they wish to pursue in their life as others around them.

There’s a lot we can all do to challenge the assumptions, preconceptions and biases that society holds about what girls and women are capable of, but it starts with us as individuals.

Whilst the events, celebrations and social media posts are important and provide much needed visibility, I’d encourage you to take the simple step of consciously reflecting on the everyday actions you could choose to take to show your support for gender equality. Whether it’s starting a conversation about the gender pay gap, speaking up when you see someone experiencing sexual harassment (Hint: don’t wait for your wife to “clarify” it for you), or simply taking the initiative to share the workload at home – it all counts.

So for this International Women’s Day, I want to know, what do you #ChooseToChallenge?

Why are 75% of suicides by men?

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By the end of today, 12 people will have taken their lives by suicide, 75% of them will be men.

In recognition that the Covid-19 Crisis would place a significant burden on the mental health of citizens, the Australian Federal Government approved long overdue additional funding for mental health services in March.

It unfortunately needed a global crisis to fast-track support for what was fairly widely acknowledged as a protracted pandemic of a different kind – i.e. the mental health pandemic.

However, this pandemic impacts men, at a much greater rate than women.  It has been exacerbated by increasing loneliness, distributed family relationships and cyber-friendships over the last 50 years.  With the health impact of persistent loneliness being equivalent to 15 cigarettes / day, so some say it is the “new smoking”, with 1 in 4 Australians regularly feeling lonely. (Beyond Blue; Medibank)

Almost 1 in 2 Australians will experience a common mental health disorder in their life, which means 20% of us are experiencing a mental health challenge in any given year.

How does this impact business?

In today’s Knowledge Worker WorkPlace, our brain is our “tool of trade”, which means having it function at its optimal level of performance is key to results.

Having 20% of your WorkForce at any one time working at less than their optimal level, cannot possibly deliver optimal results.

Therefore, it’s not surprising, that wellbeing has become a major focus of corporates in recent years.

Companies investing in traditional wellbeing initiatives have found positive returns of 2.3x expenditure as a result of reduced absenteeism and presenteeism; employee turnover and health care costs with results augmented by increased productivity, creativity and engagement. (BeyondBlue)

How are wellbeing and inclusion connected? 

Symmetra sees a merging of inclusion and wellbeing, with some mature corporations recognising the benefits of a systemic approach to both inclusion and wellbeing, based on a foundation stone of culture and leadership.

Just as wellbeing is not just about fruit and pilates, diversity and inclusion is not just about celebrating harmony day!

Inclusion enables wellbeing in six important ways:

  1. Being able to safely speak up (Parke & Sherf)
  2. Being yourself (Emanuel et. al)
  3. Flexibility (NCBI)
  4. Self-Actualisation (APA)
  5. Mental health (Medicare)
  6. Reducing loneliness and increasing belonging (Murthy)

Whilst this confirms what we’ve long known i.e. there is a strong correlation between WorkPlace experiences and Life experiences, it doesn’t explain why men are at more risk than women.

Why are men more at risk?

Although this is changing, many men still have a strong sense of identity and self-worth emanating from their desire to self-actualise in their work and careers. Many men also spend more time at work than women and have fewer personal social connections, putting them at greater risk when things aren’t going well in their professional environment.

This can be further exacerbated for mature men, who face the additional pressure of being the family breadwinner, and view asking for help or seeking support as a sign of weakness.  Younger men face their own challenges too, largely because of their stronger social media use and resulting less meaningful social connections.

The risk factors of loneliness and feeling as if you don’t belong and can’t be yourself are magnified by the relentless pressure to appear as if it’s “business as usual”, even when things aren’t going as well as you might wish.  For anyone who has carried that burden for any period of time, you understand the weight of its impact.

How can Inclusion better support Men’s Mental Health?

Our Inclusive Leadership data shows men have lower levels of capability (as judged by other men and women), in 3 competencies which both inoculate individuals against lower levels of wellbeing and mental health, and support resilience and performance in all walks of life.

Psychological Safety supports being able to speak up, be yourself and feel as though you belong.

  • A recent study highlights those who did not feel it was necessary to stay silent about an issue or problem did not experience as much burnout as employees who reported self-silencing about problems. (Parke & Sherf)

FlexAgile WorkPlaces offering a variety of flexible work locations and options, enable a better balance of life and work relationships, reducing loneliness and increasing belongingness.

  • Flexagile Future WorkPlaces enable men to benefit from systems and structures which were originally put in place to benefit women, balancing their work and life aspirations.

Learning Mindset enables individuals to approach life’s challenges with curiosity and a desire to learn.  In a recent client analysis, we discovered “was 1 of the top 3 drivers of inclusion and belonging.

  • By believing failure is an important step in future performance, individuals are protected from the full impact of life’s inevitable disappointments and setbacks.

Creating environments and making choices 

Just as “karoshi” in Japan has remained a silent curse for too long, men’s mental health will too, if leaders don’t purposefully create an environment which enables men to speak up and speak out, asking for what they need to thrive, not just survive in life and work.

As the leadership in many organisations today is largely male dominated, men have the uncommon ability to influence the environment and culture to not just their own, but to everyone’s advantage.

What is good for men’s wellbeing is good for all genders.

Psychological Safety, FlexAgile WorkPlaces and Learning Mindsets have individually shown they have positive impacts on business performance and personal wellbeing.

During a week in which we focus on Men’s Mental Health specifically, we encourage all men to overcome their “code of silence” and take the lead in building their own capability, whilst also evolving existing professional environments to reduce the incidents and severity of the other pandemic currently influencing our lives and livelihoods.

What will the Future WorkPlace, in the “Future of Work”, look like?

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As we enter Phase 3, of the S-Curve (A. Edmondson, adapted from G. Land), we have a unique opportunity to design “Future WorkPlaces” as a win-win-win for business, teams and individuals.

The “Great Working from Home Experiment of 2020”, did not have the benefit of the consciously considered human-centred design principles, we typically recommend for teams seeking to co-create high performance FlexAgile WorkPlaces of the future.

Rather, it was urgently rushed into place, to protect lives and livelihoods, in the middle of a crisis.

On good days we’ve heard our clients espouse the value of less “dead” commute time – positively impacting personal productivity and the environment due to l fewer cars on the road, in addition to closer connections with colleagues – resulting from the window we’ve gained into each other’s personal lives.

On bad days, we’ve heard it described as chaotic, confusing and alternately socially isolating or socially overwhelming (depending on your home schooling and/or home office circumstances).

The highest priority has been, to keep people physically safe whilst maintaining their ability to do their job, and support their emotional health and wellbeing.

This has not been a typical “FlexAgile” experience.

In the initial stages of the crisis, (it seems like a long time ago now!) the focus of business was to “keep the lights on” and figure out what the “winning model” was in the new world.

With many companies successfully emerging from Phase 2 of the S-Curve, with all but their most intractable challenges resolved, they now turn to the next order of business, Phase 3; devising what comes next.

With a very different economic trajectory to pre-Covid forecasts, many companies previously in the   throes of adapting their strategy and “go to market” approaches to ensure survival in the “old disrupted world” of just 3-4 months ago, now again, find themselves re-thinking their markets and marketplaces and devising what the next new winning formula will be.

We’ve coined the term “hyper-disruption” to describe the experience.

Whilst many companies are exploring cost reduction measures ensuring short term protection in response to hyper-disruption, it’s equally critical to explore short and long term reinvention and renewal of business models, products and programs, to lay the foundation for future survival and growth.

The very nature of reinventing business models in Phase 3 is complex, and we know diverse teams with diverse mental toolboxes are uniquely positioned to find optimal answers to challenging problems.  (S. Page).

So it’s crucial, as we design Future WorkPlaces – be they virtual or on-premise –  that we seek to enable high performance environments which enable both individual performance and the collective intelligence of teams.

What Future WorkPlace designs will enable “high performance teams” to thrive?

Beware recency or confirmatory biases which lead you to determine either a remote or on-premise WorkPlace is best placed to deliver this outcome.

If you’ve had recent positive remote experiences, you might be tempted to go “all-in” for remote / distributed Future WorkPlace models.  Conversely, if you’ve experienced frustrations, you might be tempted to swing the pendulum and opt for the traditional on-premise WorkPlace.

Crucial for “sparking” new ideas and generating new perspectives essential for the organic renewal and reinvention of every business, is the oft accidental and informal “water cooler” chat.

Enabling this organic human interaction, has been the rationale for much of the open plan, hot desking arrangements incorporated into modern office design.  During this crisis, instant messenger applications have sought to replicate this organic communication – with greater or lesser success, depending on their pre-existing level of adoption.

It is our view supported by data from clients, that achieving a blend of distributed and on-premise “Future WorkPlaces” will achieve optimal employee satisfaction, engagement and business performance.

FlexAgility is not just a “perk” for high performers.

It is a performance enabler generating win-win-win outcomes for business, teams, individuals (and the environment).

Symmetra’s Roadmap for designing Optimal “WorkPlaces of the Future”

When designing “Future WorkPlaces”, we recommend leveraging a Human- Centred Model of Design to co-create the win-win-win for your business and your team.

Human- Centred design principles always start with empathy for the human condition and experience.  Next they define the goal – which in this instance is to design a Future WorkPlace which maximises individual and team performance.

We recommend leveraging the collective intelligence of your team to solve this complex problem by:

  1. Asking: what would our WorkPlace look and feel like, to achieve our highest performance, individually and collectively?”
  2. Challenging: your own traditional thinking and biases about performance in remote vs. on-premise Future WorkPlaces.
  3. Consciously: exploring a blend of remote / distributed and on-premise arrangements, to unlock the optimal mix of individual performance and collective intelligence.
    • When faced with a request for ongoing FlexAgile arrangements, ask “how might this work if we were to…”? rather than respond “it won’t work because…”
  4. Exploring: a wide range of FlexAgile options including:
    • Flexible start and finish times; compressed working weeks; time-in-lieu; part-time and job share; purchasing leave, unpaid leave and sabbaticals are all options available to retain and engage teams and enhance individual and collective performance over time.

It is the ideation discussions of the team, which co-create the experimentation required to refine the optimal solution for implementation.

Optimal “Future WorkPlaces” require experimentation and an ongoing shift in mindset of how “flexagility” supports optimal individual and collective performance.

We urge you to use this great ‘reset’ to explore your own unique and optimal “Future WorkPlace” to unleash the critical blend of individual and collective performance which will steer your business through Phase 3 of “hyper-disruption”.

 

 

 

Social media: Have Australian employees just got a rude awakening?

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The High Court ‘s landmark ruling in Comcare v Banerji, last week affirmed that Comcare was justified in dismissing the employee for breaching the Australian Public Service (APS) code of conduct. The Code required employees to uphold APS values, including the obligation to maintain an apolitical public service at all times.

While employed by the department Ms Banerji had posted a series of tweets under a pseudonym criticising the Federal Government and its immigration policies. The Court rejected an argument from Ms Banerji that because she had not explicitly identified herself in the tweets as a department employee she was immune from her contractual and statutory obligations. It also rejected a contention that the tweets constituted an exercise of constitutionally-protected free speech.

Although the case was strictly-speaking concerned with employment by the Federal Government, it has implications for private sector employment as well.  Many employees have committed themselves to principles of diversity and inclusion in the workplace.  Ostensibly private acts which violate or undermine these precepts and can be connected to the employment relationship will generally constitute workplace misconduct.

On the other side of the coin, employers are being required to broaden the duty of care to employees. This is particularly so in matters of bullying and harassment. In some American states and in the UK there have been moves to extend the obligations of employers to eliminate sexual harassment. The Australian Human Rights Commission, in its report on workplace sexual harassment due out this year is likely to recommend the same. Employers who want to stay ahead need to start to investigate implementing strategies to counteract sexual harassment.

Symmetra will be canvassing a number of relevant issues pertaining to sexual harassment as a cultural phenomenon at the next session of Symmetra Connect.