Last Friday, I had a not so silent night... Oh JOY!

Merry people everywhere... celebrating the 8th or 9th hour of their office Christmas lunches.

I channelled my inner Mariah Carey...

"ALL I WANT FOR CHRISTMAS"... is for you to all go home before you do something that YULE really regret.

But alas, no.

All of Rudolph's reindeer were present and partying on long after their work functions had "officially" ended.

BLITZEN was drinking like a COMET.

VIXEN was DANCING and PRANCING with DASHER.

And...despite the absence of mistletoe, a married CUPID was kissing DONNER.

NO, NO, NO!

Employers can’t dictate what employees do "in their own time" but there can be real risks if the celebrating continues after the official event ends.

Circulating a Christmas Party policy before the event is important, but in practical terms, revellers may not remember its contents once the partying hits its 8th or 9th hour.

Whilst holding a Christmas breakfast sans alcohol is a tempting risk avoidant option for employers, it is unlikely to be popular with staff, so here are some practical suggestions for those employers holding office lunches and evening functions:

*have defined start and finish times for the function

* hold the function somewhere that doesn’t have a readily accessible bar onsite for those who want to party afterwards

* serve lots of food and water and monitor alcohol consumption

* encourage employees to look out for each other if they decide to continue celebrating after the function has ended

* better still, encourage employees to go home after the event

* if anyone has consumed too much alcohol during the function, assist them to make it home safely

* for evening functions, arrange transport after the event if possible, or suggest that employees travel home together.

FINAL THOUGHT:

Office Christmas Parties are meant to be fun and safe - and not a source of work for employment lawyers...or divorce lawyers. (Yes, I’m talking about you CUPID).

Is it just me, or has this year gone really, really fast?

Is everyone feeling really, really tired?

Sure, I’ve packed a lot in this year. Fun. Trips. Work. More work. Self-development.

I’ve coped with feelings of overwhelm, with the love and support of family, friends... and Netflix.

But lately, I’ve been thinking... wouldn’t it be great to not feel constantly 'busy?' To still pack lots in, but to feel less 'busy.'

Like you, I’ve read all the books. Listened to all the podcasts. Thought about what might work, and what just sounds like hippy guru hogwash.

Apparently, we are more likely to do things that we write down. So I’ve created a list, and started doing (and continued to not do) things that work for me.

MY LIST (A WORK IN PROGRESS):

1. Try as I might, I will NEVER be a Yogi. I will continue with Pilates, but sorry Yoga, it’s never gonna happen for you and me.

2. I’ve tried meditation many times. It leaves me bored, frustrated, and thinking about all the other things I could be doing. (Perhaps I’m not doing it right?). I’ve just renewed my annual CALM app subscription. I am committed to using it more than 3 times next year.

3. Everyone keeps raving about 'journaling.' Getting thoughts out of the head, and onto the page. I’ve started a journal. Today, the jury’s still out.

4. I LOVE to multitask. It makes me feel like I am achieving things. Recently some friends were shocked when I told them that I listen to business books on Audible whilst having a massage. I’m not going to do that anymore. I will miss the massages...

5. My job requires me to always be available. Workplace issues are often urgent (and sometimes scary) and my clients like to hear my reassuring voice as soon as possible. That ain’t gonna change. But, I am going to give myself permission to check my email inbox less frequently. I know I will get through more work if I am not constantly checking it. Those notifications of ALDI special buys can wait a few hours.

6. Exercise always makes me feel great. Mornings work best for me. My cat Oscar’s new wake up time is 5am. Bless. I’m taking the hint from my furry alarm clock, and starting my day earlier. (Now, I just need to work out how to turn off Netflix earlier at night, so I still get 8 hours sleep...)

7. I’ve started saying 'no', I’ve made my peace. People-peaser Jen can’t do everything. I’m more selective about what I go to, and how I spend my time. Suddenly, I now have more time. It’s like magic. I used to always think that I had to give a reason why I couldn’t do something. Now I just say 'sorry, I can’t.' No-one gets upset. Turns out, they don’t need my guilt-ridden explanation. Saying 'no' is OK. Try it!

WHAT’S NEXT?

I am excited to keep adding things to my list.

I have a lot of goals I want to kick in the next few years. I’m going to be really busy... but I don’t want to constantly feel “busy”.

Please share any nuggets in the comments section below (just don’t suggest that I give up Netflix... that’s not going to happen).

Last month’s study tour to New York City wasn’t just about lessons at NYU’s Stern School of Business and training with the FDNY. My colleagues and I also had the privilege of spending time with the incredibly stylish creator of the wrap dress: Diane Von Fürstenberg.

Diane welcomed us into her Meatpacking District store.

She shared her wisdom. She inspired us. She made us laugh.

And then she said this: “I never knew what I wanted to do, but I knew the kind of woman I wanted to be.'

[Cue the goose bumps].

Since returning home, I have given those words a lot of thought.

I think they are probably more relevant now in today’s fast changing economy, than back when a young Diane was considering her career options.

Gone are the days where we have one job for life followed by a gold watch retirement.

In fact, statistically most of us will change careers five to seven times during our working life.

Really?

Yes, 5-7 times!

It makes sense. The consequences of technology, the gig economy, and the accelerated rate of change are: redundancy, retraining and reinvention.

Diane is right.

KNOWING what we want to do at age 18 or 25 or later, really doesn't matter.

But KNOWING the KIND OF PERSON we want to be, or the kind of person that we ARE, will help us to cope with, and maybe even embrace, those 4-6 career changes (and make peace with the fact we won’t be getting a gold watch).

Final takeout:

The workplace is changing. Technology isn’t going anywhere. Artificial Intelligence will replace many of our roles, but there will be opportunities for those who embrace change to be Rockstars.

Replaced or Rockstar?

It’s your call!

(Unrelated fun fact. After we learned, we shopped. It would have been silly not to, right?)

Some workplace wisdom for surviving office Melbourne Cup Day functions...from your friendly Poet Lawyerate.

The first Tuesday in November

The day that stops the nation

Every workplace takes a spell

To join the celebration

It's not my place to be a nag

But as a lawyer it behooves

The sharing of a friendly tip

About career limiting moves

Tis' too late to shut the gate

After the horse has bolted

So pace yourself on Cup Day

Don't leave others revolted

Don your hat and have a punt

But drink in moderation

Cos if you horse around too much

.

It may cost you your vocation...

REALLY? YES REALLY!

Melbourne Cup Day functions are great fun, but it's important to remember that WHS and workplace laws apply to workplace social events.

EMPLOYERS

Don't wear blinkers.

WHS laws require you to take reasonable steps to ensure the safety of your employees.

If you want everyone to maintain good form, have a Cup Day Policy and share it prior to Cup Day.

Choose a safe venue. An off-site venue is still "a workplace."

Monitor alcohol consumption, have non-alcoholic drinks available and serve plenty of food.

Set definite start and finish times.

Encourage employees to harness some restraint and not party furlong (get it?) past race time.

Your duty of care may continue after the function has ended.

EMPLOYEES

The expectations on employee behaviour at a workplace function are the same as when you are "working".

Stay on track.

Don't take free rein.

Follow your employer's Cup Day Policy.

No-one wants to be warned off, given a spell by HR, or be that person on the video that goes viral on the first Wednesday in November!

FINAL TIP

Have a great day and I hope you back a winner!

During a recent Study Tour to New York, my colleagues and I had the privilege of spending a day at the Fire Department of New York Training Academy.

We went there to learn about LEADERSHIP.

The FDNY don't teach leadership from a textbook. They prefer an immersive approach.

So... we suited up.

Just getting into the firefighting gear was one heck of a workout.

Learning how to breathe wearing an oxygen mask and tank, whilst remaining vertical and conscious, was embarrassingly hard.

I'll admit that I was ready for a rest... but no, it was time to scale a 4 storey building, crawl 'blind' around a smoke-filled room to rescue 'babies', cut up a car using the jaws of life, and put out a car fire -- Turns out I have excellent hose skills. Who knew?

And whilst doing all of this, our trainers shared their stories. Amazing stories, about extraordinary days (like 9/11) and ordinary days (which in our eyes, seemed anything but ordinary).

We marvelled at their comradery and culture.

"Can we bottle it?"

"No, but you can do what we do".

Rely on the training. Work as a team. Trust each other.

Training. Teamwork. Trust.

Sounds simple, but it got me thinking...

How many of us can say that we work in an environment like that - where we can tick those 3 boxes?

Most of us can probably tick the "training" box, but the best training in the world cannot overcome an environment devoid of teamwork and trust.

As an employment lawyer, I see the ramifications of this every day...colleagues who don't have each other’s' backs, who work in silos, or actively undermine each other.

So, what's my main takeaway from my incredible day with the FDNY?

The best LEADERS create a CULTURE that VALUES (in fact demands) TEAMWORK and TRUST.

If you can achieve that in your workplace, you won't need people like me to come in to 'put out fires'. [Pun intended].

Have you noticed how excited people get about workplace perks like Foosball and fruit?

Don't get me wrong - I love Foosball, and am partial to fruit - but I have always been a tad cynical about the connection between 'perks' and workplace wellbeing.

If the workplace culture is off, 'perks' have no net benefit on workplace wellbeing.

Despite this, employees continue to be wooed by companies with things like:

Unlimited leave!!! (That they are too scared to take). Gourmet meals!!! (So they never have to leave the office). Free yoga!!! (To minimise the impact of a badly behaved boss).

This week Australian tech giant Atlassian announced that it will no longer tolerate "brilliant jerks."

"Brilliant jerks" are "people who are extremely bright and talented with respect to the way they execute their role, but aren't necessarily concerned with the impact they have on others."

We have all met a "brilliant jerk" or a "rainmaker" or a "boss' favourite" - employees who are protected because of their perceived value to the business, with little consideration for the trail of destruction they leave in their wake.

Atlassian has overhauled its performance review system to ensure that it rewards the right behaviours. It wants its employees to live the company values and foster a collaboration culture.

As an employment lawyer, I have seen the damage caused by these jerks, to fellow employees' health and the corporate bottom line.

Employers have to get the basics right if they want a healthy and productive workplace.

The Moral of this Story?

Behaviour is more important than beanbags.

Culture is more important than candy.

Values are more important than video games.

There is nothing wrong with rewarding employees, just as long as we are rewarding the right behaviours, in a healthy culture, based on sound values.

Namaste.

Once upon a workplace, there was an employee called Sally who had been working with her employer for 10 years. Sally was a competent, valued and popular member of her team.

Then something bad happened… [Cue the da da da dummmmm music].

Sally’s Something Bad – Scenario 1

Sally had a fall at work and hit her head on the corner of a desk. She fell to the floor - blood streamed from a large gash on her head.

Sally’s colleague Jim couldn’t stand the sight of blood, but nevertheless he rushed to Sally’s aid. He tried to stop the bleeding. He called an ambulance. He comforted Sally.

Despite his lack of medical training, Jim did what he could to help Sally until the trained professionals arrived.

Sally’s Something Bad – Scenario 2

Now let’s imagine that Sally found herself in a different situation.

For the past few months Sally had been coming in late and calling in sick alot. She hadn’t been getting along with the team. She’d been making mistakes. She’d been unreliable.

There was obviously something wrong. What to do? Help or hesitate?

Cue Jim’s potential thought bubbles…

“Sally’s obviously got something going on”.

“It’s none of my business”.

“I’m not trained to deal with that stuff”.

“Maybe I should just stay clear of Sally until she works things out”.

Really Jim?

Most of us are not qualified to deal with gushing head wounds, but that wouldn't stop us giving it a red hot go. So why are we so afraid of ‘invisible head wounds’?

Too often the “stigma” attached to mental health causes us to make excuses for not getting involved. We need to acknowledge that stigma exists. It affects both our conscious and subconscious behaviours.

That needs to change.

The Moral of Sally’s Story

No-one expects you to be a psychologist, any more than they expect you to be a paramedic.

Colleagues with mental illnesses must be given the same care and attention as those with physical injuries.

In future articles I will be addressing how to help colleagues like Sally – the words to use… “THE HOW”.

If you can’t wait until then to find out more about “THE HOW” contact me on 0411 275 920, jen@jenniferbicknell.com.au,

An Article about Mental Health in the Workplace

My phone rings. It’s a client.

“Hi Jen, we need to let go of a “difficult” employee.”

Me: “What’s the problem?”

Client: “He was really great for the last 2 years, but in the past few months he’s been really difficult. He turns up late. Picks fight with his colleagues. He’s miserable and it’s affecting everyone. He needs to go.”

I pause, then ask a question that the client doesn’t expect to hear from a lawyer.

Me: “Is he difficult or depressed?”

Client (confused): “What difference does it make?”

Me: “Alot, because the BEHAVIOURS can be the same. You say he was a good employee for the first 2 years. Is it possible he has a mental health issue”?

Client (even more confused): “I don’t know … does it matter?”

Me: “Yes, it does…”

Client: “But I really need to fix this today…”

I can hear the frustration in his voice. He’s been managing this situation for 2 months.

Me: “I get it. But tell me, have you ever sacked an employee because they had a broken leg?”

Client: “No, of course not….but what’s a broken leg got to do with….”

Long pause. [Cue the sound of a penny dropping].

I have this conversation alot – with decent, capable managers. The fact that they do not recognise, let alone understand mental health issues, does not make them bad people.

The incidence of mental health issues in the workplace is under-reported. Often employees go to great lengths to hide an illness. For some, the “flu” and “gastro” have become pseudonyms for “anxiety” or “depression”.

Mental illness is invisible. We can’t see it, the way that we can see a physical injury.

Sure the CONSEQUENCES are there for all to see – absenteeism, lateness, disinterest – but too often, these BEHAVIOURS are attributed to ATTITUDE rather than AILMENT.

We focus on the effect and ignore the cause.

It’s easier to look the other way - to adopt a “It’s none of my business” approach.

But at what cost?

Untreated mental health issues - reduced productivity, absenteeism and compensation claims - costs Australian employers nearly $11 billion a year.

Every year, 1 in 5 employees take time off work because of poor mental health – that’s 20% of the workforce.

If we had 20% of our workforce hobbling around on crutches, we would be asking questions.

So let’s start asking questions about mental health.

Let’s talk about it openly.

Let’s educate and train.

Let’s provide support.

And next time there’s “a difficult” employee, take a moment to consider the cause of their behaviour, not just the effect.

You could not only change one person’s life, but the whole culture of your workplace.