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Gossip in the Workplace.

View Poll Results: Should they be able to dismiss you for gossiping ?
Yes they should be able to dismiss you 6 50.00%
No they should not! 5 41.67%
It's alright to gossip about your colleague. 1 8.33%
Voters: 12. You may not vote on this poll

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Old 8th February 2011, 07:39 PM   #1
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Default Gossip in the Workplace.

Hi Folks,
Should gossip in the workplace be a dismissible offence ? do you get involved in the juicy tit bits you hear at work about your colleagues or do you walk away and not get involved ? What do you think ? should they be able to sack you for this ? is this called some thing else?



Quote:
It is a workplace policy that would leave some gossipy offices with few staff.

A worker at a Pakenham childcare centre in outer suburban Melbourne was found to have been unfairly sacked for breaching a strict ''no backbiting'' policy in a case before Fair Work Australia.
Childcare worker sacked for gossiping | Melbourne
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Old 8th February 2011, 09:44 PM   #2
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Default Re: Gossip in the Workplace.

The entire article says:-

Quote:
It is a workplace policy that would leave some gossipy offices with few staff.

A worker at a Pakenham childcare centre in outer suburban Melbourne was found to have been unfairly sacked for breaching a strict ''no backbiting'' policy in a case before Fair Work Australia.

Tara Davies was sacked last June from Hippity Hop Childcare after her employer claimed she had been backbiting by saying one of her colleagues was lazy and another was not a competent carer.

A principal of the centre, Michelle Smith, confronted Ms Davies, a group leader, and told her that she knew the centre's policy on backbiting. That policy, which had been drawn to the attention of staff, warned of possible dismissal for breaches.

''Backbiting is not tolerated at Hippity Hop Childcare, it is unacceptable and can lead to the breakdown of unity between staff within the centre, making it an unpleasant place to work,'' the policy stated. ''Any staff member caught backbiting may result in immediate dismissal.''

An emotional Ms Smith told Ms Davies three staff at another centre had been fired for backbiting and the policy would be applied again.

Because Ms Davies had walked out, the parties had been in dispute over whether she had been sacked or had abandoned her job.

But Fair Work Australia commissioner John Ryan ruled she had been sacked after managers at the centre told other staff she had been fired for backbiting. A letter more than two months later from the centre stated Ms Davies had been dismissed.

Mr Ryan said that while the childcare centre was defined as a small business - which made it far easier to fire staff - its policy on backbiting was an ''extremely blunt instrument'' and awarded Ms Davies $9480 in compensation. He said the policy did not clearly define what backbiting meant.

The Macquarie dictionary, Mr Ryan said, defined it to ''speak evil of the absent; gossip'' or ''to attack the character or reputation of secretly''.

He said the policy made no distinction between malicious and untrue comments and comments made behind a person's back that were true and would not damage their reputation. Ms Davies had admitted to making comments about her co-workers but said they were true and the tribunal ruled they were not a valid reason for dismissal.

Mr Ryan said the federal government's small business code allowed employers to fire without notice when there was serious misconduct.But backbiting would not appear to be in the same league.
The key element is this:-

Quote:
He said the policy made no distinction between malicious and untrue comments and comments made behind a person's back that were true and would not damage their reputation. Ms Davies had admitted to making comments about her co-workers but said they were true and the tribunal ruled they were not a valid reason for dismissal.
So if the comments are true it's OK it appears.

Also they kept on the incompetent carer and the lazy worker I assume.

So, in the workplace the lazy and incompetent may become the protected species and to speak the truth of them puts your head on the chopping block? Maybe so.

The old rule of having under 100 staff for exemption to unfair dismissal laws has changed.

Here's a link to new laws.

Unfair dismissal

Quote:
Small business employees

An employee must have worked for an employer continuously for one year before they can make a claim for unfair dismissal.

A small business is one that has fewer than 15 full time employees (or equivalent). Casual employees are included in the head count if they are employed on a regular basis. Related business entities are counted as one business.
So under 15 staff total means they have to be with you 12 months.
Quote:
Larger business employees

Employees in businesses with more than 15 staff must have been continuously employed for six months before they are eligible to apply.
If you have over 15 staff then it's over 6 months of employment.

Quote:
Seasonal and casual workers are not eligible unless the casual work was regular and systematic.
So regular casuals also count for the above figures.

Quote:
Unfair dismissal does not include a person employed under a contract or for a particular task if their employment was terminated at the end of the contract or completion of the task. An employee may be eligible if their set contract was written to avoid the employer’s unfair dismissal obligations.
So task specific contractors doesn't count.

What does this mean to your business? You could have contracts for specified periods of time (6 months etc). If you do dismiss them during that contract the rules may apply.

If you have a gossiper in your crew then you'd know the damage they can bring, whether they are truthful or not in their comments generally the team will lose morale and suffer.

If there are poor performers and team leaders etc cannot improve the performance or laziness then that has to be dealt with a better way then bitching about it. You could get rid of the poor performers and lazy people if they are in the probation period but what happens if they are long term deadwood?

Renewable contracts appear to be the safest way to go. If you knew poor performance meant that the next 6 month term contract isn't for offer then you'd likely pull your socks up.
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Old 9th February 2011, 04:49 PM   #3
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Default Re: Gossip in the Workplace.

I don't think I would sack a person for complaining about another without looking into the problem. But I have found people that complain about others a lot often aren't good workers, and so they are gotten rid of for other reasons.
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Old 9th February 2011, 05:17 PM   #4
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Default Re: Gossip in the Workplace.

Chating about co-workers and spreading lies and discrediting someones reputation are completely different. I found myself gossiping today, and you know what?!? Not all gossiping is negative!! If you've got nothing to hide, should you really be worried about people talking about you?

caitlyn.
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Old 9th February 2011, 06:09 PM   #5
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Default Re: Gossip in the Workplace.

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Originally Posted by caits View Post
Chating about co-workers and spreading lies and discrediting someones reputation are completely different. I found myself gossiping today, and you know what?!? Not all gossiping is negative!! If you've got nothing to hide, should you really be worried about people talking about you?

caitlyn.
Agreed.

Its basically gossip vs slander, every workplace has gossip in one for or another. Everyone talks about what happens @ work. Moving into slander is something else entirely, spreading false truths and discrediting someone isn't gossip anymore.
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Old 9th February 2011, 06:21 PM   #6
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Default Re: Gossip in the Workplace.

You'll be surprised what some "legends" lie about.
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Old 9th February 2011, 06:31 PM   #7
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Default Re: Gossip in the Workplace.

Personnally I think gossipping should be ruled out of the work place.

However employers and managers need to put an open door policy in place if they are going to impliment these rules. you need an outlet for the frustrations that occur in a team environment which are natural.

The lazy and un-proffessional types should be pointed out and ultimately weeded out, this can't be done with just one complaint from one person it has to be built from comments from all who work in the team, otherwise the empire builders will have a ball and take over.

gossiping happens in all walks of life, it can be helpful if it's kept unpersonal and open, its when it becomes toxic and personal about people that it's a real problem, so if you control it in the early stages you can stop the toxic gossipers from demeaning and bitching about people and upsetting the team dynamics.

well thats my 0.02 cents worth
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Old 9th February 2011, 06:44 PM   #8
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Default Re: Gossip in the Workplace.

sorry but from what i have seen tree workers are worse than ladys at a tea party for gossip would not be many tree workers left if we had to sacker the ones that gossip
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Old 9th February 2011, 06:46 PM   #9
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Default Re: Gossip in the Workplace.

u also see the ones that gossip are the ones that are no good at there job anyway and theres plenty of them in brisbane
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Old 9th February 2011, 06:48 PM   #10
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Default Re: Gossip in the Workplace.

thats because they arent made to work hard enough if they got thier heads down and got on with it they wouldnt have time to gossip
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Old 9th February 2011, 06:50 PM   #11
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Default Re: Gossip in the Workplace.

What about when there's a female on the crew?

For any out there that have had females on the tree crew what do you have to say?
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Old 9th February 2011, 06:54 PM   #12
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Default Re: Gossip in the Workplace.

they work better than the aussie males
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Old 9th February 2011, 06:56 PM   #13
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Default Re: Gossip in the Workplace.

Do they hump log though?
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Old 9th February 2011, 07:21 PM   #14
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Default Re: Gossip in the Workplace.

Quote:
Originally Posted by Eric Frei View Post
Do they hump log though?
thats a whole different subject!!!!!
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Old 9th February 2011, 07:24 PM   #15
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Default Re: Gossip in the Workplace.

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Originally Posted by Eric Frei View Post
Do they hump log though?
That means 2 things :P
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Old 10th February 2011, 07:08 PM   #16
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Default Re: Gossip in the Workplace.

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Originally Posted by Apocalypsse View Post
That means 2 things :P
I was referring to carrying out log.

Now here's an interesting case.

Most of us think that woman can/should left 20kg and men 25kg.

But I found this:-
Quote:
Lifting
How much weight can a person lift?

There is no longer a prescribed maximum weight limit for lifting for either men or women in the legislation. A risk assessment will need to be undertaken to determine what risks are likely to occur during the work processes.

The weight of the load needs to be considered in relation to a number of other risk factors such as the:

* actions and movements
* working posture and position when lifting
* duration and frequency of manual handling
* location of loads and the distances moved
* characteristics of the load.

Light loads can still be a problem if for example they are lifted incorrectly or if light loads are lifted in an environment that is unsafe.

The ACT Code of Practice for Manual Handling indicates that the risk of injury increases when:

* lifting weights of more than 4.5 kg while seated
* lifting weights above the range of 16-20 kg.

Weights over 55 kg should not be lifted without mechanical assistance or team lifting. Young workers under the age of 18 years should not be required to lift, lower or carry more than 16 kg without mechanical or other assistance and/or particular training for the task pushing, pulling and sliding objects that are difficult to move.

If you are lifting a load, be sure to get you technique correct and the load as close to your body as possible! A load can cause a manual handling injury through use of incorrect lifting techniques. By lifting incorrectly, you can make a relatively manageable light load become an awkward heavier load.
However a woman lifted only 12.7kg box of photocopy paper, hurt her back, sued and won $239,613.00

Gambling company pays out $239,613 to secretary injured at work | Courier Mail

Quote:
Gambling company pays out $239,613 to secretary injured at work
February 03, 2011

AUSTRALIA'S largest gambling industry company has lost a court case and been ordered to pay a former employee nearly $240,000 in personal injury damages.

Kathryn Jane Dank, 54, sued Tabcorp Holdings Ltd for personal injury damages after she injured her back while lifting a 12.7kg box of photocopy paper on October 8, 2004.

Tabcorp manages gambling outlets including the Star City, Gold Coast, and Brisbane casinos, TAB, Tabaret, Keno, Luxbet and TAB Sportsbet.

After a trial in the District Court at Southport, Judge Clive Wall, QC, found Mrs Dank had suffered a prolapse disc injury when picking up the load.

In a written judgment, which became available today, Judge Wall noted Mrs Dank had been a highly respected secretary in the company's Gold Coast offices and had stoically tried to carry on work after the incident.

He said, however, Mrs Dank was forced to resign in February 2005 when the pain became too much.

Judge Wall found Tabcorp failed in its duty of care to Mrs Dank on three grounds: by failing to instruct her not to lift heavy boxes in the way she did, ensuring storemen placed heavy boxes on her desk, and not storing boxes at knuckle height.

He found it was foreseeable a staff member could be injured in such a way by picking up a box.

In assessing damages, Judge Wall found Mrs Dank was now clearly disadvantaged on the open job market.

After making a small refund deduction, Judge Wall ordered Tabcorp pay Mrs Dank $239,613 with nearly half for future lost earnings.

He also awarded her costs.
Interesting to note that the judge thinks it's acceptable a storeman lifts it and puts it on her desk, not a store-woman or store-person.
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Old 11th February 2011, 08:33 AM   #17
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Default Re: Gossip in the Workplace.

I had a female worker for over 7 years - she worked far better than most guys, more meticulous, more thoughtful working around her limitations (only weighed 105 lbs) - no gossiping on the job, minimal breaks, and worked in most weather. General talk is ok, fun gossip is ok, put downs are watched carefully, more than that - find a way to let them go.

I can't speak for the weight lifting limits. I know I've lifted logs in excess of 150 lbs and carried them out to the truck, and most helpers do it differently. I'm not so fussy on how the wood gets out, as long as no damage is done to the property. And everybody seems to find a way of doing it -- or if they're duds in this job and others, they are let go. If lifting isn't their thing, a hand truck helps tremendously -- and often speeds the job along. If the terrain is that rough, you can't use a hand truck then you deal with that situation then.

It is not whether the person is male or female, it is more how well they think on the job and work to be a team player.


I think if the secretary had trouble lifting 30 lbs she had other problems - frailty or disability or maybe poor posture, crappy shoes..... and she should have known that she couldn't do it, and have moved the paper in smaller batches or got someone else to do it. Seems to me we don't have all the facts,
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Last edited by Brent Ferris; 11th February 2011 at 08:38 AM. Reason: additional thoughts
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Old 11th February 2011, 04:46 PM   #18
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Default Re: Gossip in the Workplace.

Hi guys,

I work with about 25 guys at our depot and no dramas there in terms of lifting and physical work. I find that technique is better than strength in most cases, where I will roll or flip a log from end to end to get it to the chipper and some of the guys have an "unspoken competition" about who can lift and carry the heaviest log. I'm just as efficient but less fatigued at the end of the day as I'm not trying to show off my macho! It was hard at first, every time I went to pick up a log, the guys' instinct was to do it for me and it meant I wasn't gaining any strength but with the crew I'm on now, they know my limits and know when I need help or something needs to be cut a tad smaller. But it is all about technique. If I look after myself and use leverage and mechanical advantage I can lift well over the recommended 16 - 20kg and it's no stress, I just use common sense.

As for the gossip, holy crap some guys are whingers! I used to work in a chemist with 24 other females and they weren't half as bad! Only difference I find is that guys get over it and, in most cases just get on with the job. Girls tend to hold petty grudges and become spiteful. Overall, I'd still much prefer to work with the guys tho because in most cases you'll end up having a laugh about it anyway. Sometimes it's just good to get things off your chest, so long as the whingee doesn't take it to heart from the whinger.

Oh and guys do act different when a chick is around but over time, the guys seem to forget a girl is present and say some pretty vulgar things but it's part and parcel.. I'd rather be treated like one of the guys. If I expect the guys to watch what the say and how they act around me then I'm not really tough enough for the industry cos it's part of the job. You rude bastards!
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Old 11th February 2011, 05:12 PM   #19
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Default Re: Gossip in the Workplace.

Quote:
Originally Posted by becmate View Post
Hi guys,

I work with about 25 guys at our depot and no dramas there in terms of lifting and physical work. I find that technique is better than strength in most cases, where I will roll or flip a log from end to end to get it to the chipper and some of the guys have an "unspoken competition" about who can lift and carry the heaviest log. I'm just as efficient but less fatigued at the end of the day as I'm not trying to show off my macho! It was hard at first, every time I went to pick up a log, the guys' instinct was to do it for me and it meant I wasn't gaining any strength but with the crew I'm on now, they know my limits and know when I need help or something needs to be cut a tad smaller. But it is all about technique. If I look after myself and use leverage and mechanical advantage I can lift well over the recommended 16 - 20kg and it's no stress, I just use common sense.

As for the gossip, holy crap some guys are whingers! I used to work in a chemist with 24 other females and they weren't half as bad! Only difference I find is that guys get over it and, in most cases just get on with the job. Girls tend to hold petty grudges and become spiteful. Overall, I'd still much prefer to work with the guys tho because in most cases you'll end up having a laugh about it anyway. Sometimes it's just good to get things off your chest, so long as the whingee doesn't take it to heart from the whinger.

Oh and guys do act different when a chick is around but over time, the guys seem to forget a girl is present and say some pretty vulgar things but it's part and parcel.. I'd rather be treated like one of the guys. If I expect the guys to watch what the say and how they act around me then I'm not really tough enough for the industry cos it's part of the job. You rude bastards!

Cheeky bugger ! lol..Go Bec...
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Old 15th February 2011, 10:50 PM   #20
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Default Re: Gossip in the Workplace.

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Originally Posted by Eric Frei View Post
What about when there's a female on the crew?

For any out there that have had females on the tree crew what do you have to say?
As a female arb in the U.K I have found 2 my initial surprise that the men are much more gossipy than I had initially expected especially about other Arbs/firms.I,ve put it down to egos and concentrated doses of testorone lol
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Old 19th February 2011, 12:05 PM   #21
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Default Re: Gossip in the Workplace.

I heard no one on here knows how to use a chainsaw !
But really ! gossip is ok as long as its honest and doesnt cross the line into slander, i dont know about you folks over the water, but here in the states it would be impossible to fire a employee for too much gossip ! No way !!
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Old 19th February 2011, 03:06 PM   #22
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Default Re: Gossip in the Workplace.

It's in your culture with shows like Oprah and Dr Phil etc, blabbermouths paradise!
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Old 26th February 2011, 12:01 PM   #23
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Default Re: Gossip in the Workplace.

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It's in your culture with shows like Oprah and Dr Phil etc, blabbermouths paradise!
Yea your probabily right ! But i hate both of those ! There has been two media folks that died that really upset me ! johnny cash and steve erwin ! Dont think shows are the problem ! Its the 93 pages of attorneys in the phone book !
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Old 26th February 2011, 07:51 PM   #24
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Default Re: Gossip in the Workplace.

What about Slim Dusty?
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Old 27th February 2011, 05:36 AM   #25
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His marketing must be bad, first time i heard this name ! Need to put him on opra ! LOL !!
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Old 5th March 2011, 09:27 AM   #26
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As a female arb in the U.K I have found 2 my initial surprise that the men are much more gossipy than I had initially expected especially about other Arbs/firms.I,ve put it down to egos and concentrated doses of testorone lol
worked with women before and have no complaints except...when they get even hotter and start peelin'
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Old 8th March 2011, 07:10 PM   #27
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Default Re: Gossip in the Workplace.

It,s a mans world
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Old 8th March 2011, 08:38 PM   #28
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worked with women before and have no complaints except...when they get even hotter and start peelin'
LOL just think about it in reverse!!!
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