[[{“value”:” Optimove is one of the best Ai marketing tools that provides a customer-led marketing platform, enabling businesses to drive loyalty and engage customers on their terms. It has been ranked #1 by Gartner for Multichannel Marketing Journey Orchestration and is recognized as the highest challenger for enabling data-centric marketing programs with data management and AI. By putting customer data at the start of everything, Optimove helps businesses achieve significant returns on investment, with a 578% ROI, as well as a 33% average increase in customer lifetime value and an 88% campaign efficiency improvement. This tool is backed by Forrester Research, which confirms that customer-led marketing drives business performance. With Optimove’s innately intelligent marketing, businesses can make the shift from product-led marketing to customer-led marketing and gain the loyalty of customers for life. Optimove – Features Real-time CDP for personalized multichannel campaigns optimized by AI Personalized experiences across web, app, and marketing channels Customer-led marketing campaigns executed across all marketing channels Email marketing campaigns In-app messaging campaigns Digital ads campaigns Text messaging campaigns Mobile push notifications campaigns Optimove – Pricing Available upon request – Free demo. Visit optimove.com for more. Keep up to date with our stories on LinkedIn, Twitter, Facebook and Instagram. “}]]
Written by [[{“value”:” While the climate crisis and pandemic were the two most obvious metaphors for the comet in the movie Don’t Look Up, the Don’t Look Up moment for Australian small and mid-market businesses in 2024 relates to AI and productivity. These – along with workplace exhaustion and mental health issues – are issues the sector just cannot ignore. I’ve learned many things from the past two decades of hands-on work turning around Australian businesses who are having a hard time dealing with market conditions or managing fast growth, but one lesson that will be particularly resonant this year is the ability to adapt to change at speed. The local and international economy is suffering in a way not seen (outside Covid) since the Global Financial Crisis. Money is tight and banks are cautious about lending. The economy has been flatlining following three very anaemic GDP quarters, cost of living remains high and some industries – including food production, discretionary retail, manufacturing and construction – are already nominally in recession. All indicators are flashing red. Household savings are at an all-time low of 1.1%, worse than during the GFC, and at the same time credit cards are maxed out again after a lull during Covid. This is brewing as businesses approach the trickiest time of the year, when Christmas and the holiday period have interrupted cashflow for many, exacerbated by holiday leave and lower production. Three items must be top of agenda for every business owner or board so they can navigate a challenging 2024 – improving stagnant or declining productivity, meeting the challenge of artificial intelligence (AI) at board or management level, and heading off the looming mental health dilemma within their workforces, a result of delayed impact of Covid. Productivity is paramount It’s well past the time for platitudes: productivity, long a conundrum for Australia, must be addressed in 2024. The Federal Government and individual businesses must make a concerted push to improve productivity, the biggest driver of Gross Domestic Product). Australia’s productivity is down 7% in 12 months, against a backdrop of record high debt globally, and locally high inflation, high interest rates, and consumer spending dropping like a brick. The last big boost to productivity was when business transitioned to emails from fax machines. Declining productivity hits every business and workforce, and we are looking for the next big boost. That boost has fallen into our laps at the right time: the best way for the Australian business sector to improve productivity is to become fast followers (as it’s too late to claim early adapter status) of artificial intelligence. Don’t just watch as AI takes over Businesses should create a team within their business to stay on top of AI because AI will redefine the business landscape by 2030. No matter your business size, you cannot afford to sit back and see what happens or you’ll be quickly left behind. AI will be a total game changer when it comes to productivity. If you don’t embrace it and invest in it like your life depends on it, your business is unlikely to be around by 2030. If you were still using faxes 10 years after the Internet came along, you were a dinosaur and probably out of business. AI is like that tech transition, on steroids. With AI, business owners will have two choices: reduce your cost base and keep the same revenue if that’s the size business you want or use AI to improve productivity and grow your business. It’s the ultimate productivity tool, but it’s coming so quickly that businesses need to start looking at this right now because it is moving at a pace that we haven’t seen before. If you’re not on board with this, if you’re not aggressively looking at what AI can do for your business, your competitors will be doing it and they’ll be streets ahead. Every Australian business should be creating a team to champion how the business will use – and navigate the use of – artificial intelligence. This person or team should just start researching, and create a monthly report to the board, or in smaller businesses to the owner or management team, highlighting AI developments that could be beneficial or disruptive to the individual business. This will allow businesses to keep up with news, risk management issues, new Apps and business applications when it comes to AI. Look after your workforce The human element of productivity and AI is crucial and is intertwined with the looming delayed mental health impact of Covid. Productivity means you’ve got a healthy population, turning up to work, motivated, enjoying their work and with the tools they need to get the job done. We see workforce tiredness and stress in every single turnaround client we help, and we have done for the past two years. Workforces are in second gear. It’s the stress from Covid and the resulting health and emotional impacts on people, coupled with the current financial pressure on families. A lot of the issues that turn up in the workplace stem from home, and we’re going to see that play out in the workforce in 2024. All this is set to make productivity even worse. Statistics are showing sick days and leave days are up. On the back of record low productivity and the other markers this is highly concerning. I’d like to see management teams offering and encouraging staff to take up activities that can relieve stress – like yoga lessons, breathwork and meditation classes, cold plunges or saunas. These can be offered say once a month but what you will find is people will take these up personally because they feel much better afterwards. It’s even worth suggesting to staff to build in some of these practices as part of their personal development plans for 2024. Keep up to date with our stories on LinkedIn, Twitter, Facebook and Instagram. “}]]
[[{“value”:” The Cisco 2024 Data Privacy Benchmark Study reveals that most organisations are limiting the use of Generative AI (GenAI) over data privacy and security issues. Cisco has released its global 2024 Data Privacy Benchmark Study, an annual review of key privacy issues and their impact on business. The findings highlight the growing privacy concerns with GenAI, trust challenges facing organisations over their use of AI, and the attractive returns from privacy investment. Drawing on responses from 2,600 privacy and security professionals across 12 geographies around the world, the seventh edition of the Benchmark shows that privacy is much more than a regulatory compliance matter. “Organisations see GenAI as a fundamentally different technology with novel challenges to consider,” said Dev Stahlkopf, Cisco Chief Legal Officer. “More than 90% of respondents believe AI requires new techniques to manage data and risk. This is where thoughtful governance comes into play. Preserving customer trust depends on it.” Among the top concerns, businesses cited the threats to an organisation’s legal and Intellectual Property rights (69%), and the risk of disclosure of information to the public or competitors (68%). Most organisations are aware of these risks and are putting in place controls to limit exposure: 63% have established limitations on what data can be entered, 61% have limits on which GenAI tools can be used by employees, and 27% said their organisation had banned GenAI applications altogether for the time being. Nonetheless, many individuals have entered information that could be problematic, including employee information (45%) or non-public information about the company (48%). Slow Progress on AI and Transparency Consumers are concerned about AI use involving their data today, and yet 91% of organisations recognise they need to do more to reassure their customers that their data was being used only for intended and legitimate purposes in AI. This is similar to last year’s levels, suggesting that not much progress has been achieved. Organisations’ priorities to build consumer trust differ from those of individuals. Consumers identified their top priorities as getting clear information on exactly how their data is being used, and not having their data sold for marketing purposes. When asked the same question, businesses identified their top priorities as complying with privacy laws (25%) and avoiding data breaches (23%). It suggests additional attention on transparency would be helpful — especially with AI applications where it may be difficult to understand how the algorithms make their decisions. Privacy and Trust: the Role of External Certifications and Laws Organisations recognise the need to reassure their customers about how their data is being used, and 98% said that external privacy certifications are an important factor in their buying decisions. This is the highest we’ve seen over the years. “94% of respondents said their customers would not buy from them if they did not adequately protect data,” explains Harvey Jang, Cisco Vice President and Chief Privacy Officer. “They are looking for hard evidence the organisation can be trusted. Privacy has become inextricably tied to customer trust and loyalty. This is even more true in the era of AI, where investing in privacy better positions organisations to leverage AI ethically and responsibly.” Despite the costs and requirements privacy laws may impose on organisations, 80% of respondents said privacy laws have had a positive impact on them, and only 6% said the impact has been negative. Strong privacy regulation boosts consumer confidence and trust in the organisations they choose to share their data with. Further, many governments and organisations are putting in place data localisation requirements to keep certain data within country or region. Whilst most businesses (91%) believe that their data would be inherently safer if stored within their country or region, 86% also said that a global provider, operating at scale, can better protect their data compared to a local provider. Privacy: a Valuable Investment Over the past five years, privacy spending has more than doubled, benefits have trended up, and returns have remained strong. This year, 95% indicated that privacy’s benefits exceed its costs, and the average organisation reports getting privacy benefits of 1.6 times their spending. Further, 80% indicated getting significant “Loyalty and Trust” benefits from their privacy investments, and this is even higher (92%) for the most privacy-mature organisations. In 2023, largest organisations (10,000+ employees) increased their privacy spending by seven to eight percent since last year. However, smaller organisations saw lower investment, for example, businesses with 50-249 employees, decreased their privacy investment by a fourth on average. Keep up to date with our stories on LinkedIn, Twitter, Facebook and Instagram. “}]]
[[{“value”:” In December 2023, Australian retail sales experienced a 2.7% decline, as reported by the Australian Bureau of Statistics (ABS) on a seasonally adjusted basis. This comes after a revised increase of 1.6% in November 2023 and a decrease of 0.2% in October 2023. The larger-than-usual revisions to seasonally adjusted data for this month signify enhancements in data accuracy, capturing a clearer understanding of the evolving seasonal patterns. Anneke Thompson, Chief Economist, CreditorWatch said: “Today’s retail trade figures confirm that Australian consumers pulled forward much of their Christmas spending to November’s Black Friday sales. Very tight household budgets and low levels of available discretionary spending means consumers were searching for savings when buying their Christmas presents and other household goods. Overall retail trade fell 2.7 per cent on a seasonally adjusted monthly basis, more than offsetting the revised 1.6 per cent increase recorded over the month of November. “Not surprisingly, the biggest falls in expenditure were recorded in the discretionary spend categories, with household goods, department store and clothing, footwear and personal accessory retailing falling by 8.5, 8.1 and 5.7 per cent respectively over the month. “Of further concern is the continuing fall in expenditure at cafes, restaurants and takeaway food services. Expenditure in this area is up only 1.6 per cent year on year, despite very strong population and pricing growth. Over the year to November 2023, prices for food & non-alcoholic beverages, alcohol, electricity & gas have risen by 4.6, 4.2, 10.7 and 12.9 per cent respectively. Given these are all large cost inputs for cafes and restaurants, a 1.6 per cent increase in turnover overall means that overall profits in this sector are likely well down for many operators. The food and beverage sector, unfortunately, is likely to experience higher rates of business failures over 2024. The business failure rate in this sector is already the highest across all sectors, at 6.7 per cent as at November 2023.” Ben Dorber, ABS head of retail statistics, said: “The large fall in retail turnover in December was caused by a fall in discretionary spending. Consumers brought forward some of their usual December spending to November to take advantage of Black Friday sales. “This shift in spending from December to November reflects the growing popularity of Black Friday sales and the impact of cost-of-living pressures, with consumers seeking out bargains and taking advantage of discounts in November. “While there was a large seasonally adjusted fall in December, retail turnover rose 0.1 per cent in trend terms. This shows that underlying retail spending remains subdued when we look through the volatile movements over recent months in the lead up to Christmas.” Turnover fell in all the non-food industries that had been boosted by Black Friday sales in November. Household goods retailing (-8.5 per cent) had the largest fall, following the largest rise last month. The next biggest drops were in department stores (-8.1 per cent), clothing footwear and personal accessory retailing (-5.7 per cent), and other retailing (-1.1 per cent). “Retailers told us that trading conditions were slow in early December following the success of Black Friday before picking up again in the lead up to Christmas and Boxing Day sales where discounting activity returned,” Mr Dorber said. For food-related industries, turnover fell in cafes, restaurants and takeaway food services (-1.1 per cent), while food retailing (0.1 per cent) was the only industry to rise. Retail turnover fell across the country with large falls in all states and territories, the majority down by more than 2.0 per cent. Additional information on the December reference period, including quarterly price and volume data, will be released on 6 February 2024. Keep up to date with our stories on LinkedIn, Twitter, Facebook and Instagram. “}]]
[[{“value”:” PitchMe is a business tool that aims to revolutionize the hiring process by using artificial intelligence (AI) to streamline recruitment and maximize placements. With PitchMe, companies can hire faster and smarter by broadening their talent pool, automating profile updates, and reducing time to hire by 80%. One of the key features of PitchMe is its seamless applicant tracking system (ATS) integration. Instead of using a system that doesn’t track progress, businesses can enhance their ATS with over 30 data sources, ensuring that candidate profiles are always up to date. This integration saves recruiters time by eliminating manual tasks and freeing up more time for effective recruitment efforts. PitchMe also offers tools to enrich candidate data. By automatically accessing data from across the web, businesses can find the most up-to-date candidate details. This feature is especially useful for sourcing candidates with specific skills, as recruiters can simply input their requirements, and PitchMe will provide the best-fit candidates from around the world. In addition, PitchMe’s smart technology includes a job description generator. This feature eliminates the need for recruiters to spend time writing job descriptions by generating engaging and accurate descriptions automatically. This not only saves time but also improves matching by ensuring that job descriptions accurately reflect the requirements of the position. PitchMe – Features AI-powered talent pool expansion Automated candidate profile updates Integration with ATS for seamless tracking Elimination of repetitive manual tasks Enriching candidate data from multiple sources Efficient candidate sourcing from global pool Smart job description generator Reduction in time to hire by 80% PitchMe – Pricing Available upon request – free demo. Visit pitchme.co for more. Keep up to date with our stories on LinkedIn, Twitter, Facebook and Instagram. “}]]
[[{“value”:” Are customer complaints your biggest fear or your hidden asset? The response could be unexpected. In the current highly competitive business environment, companies that neglect to heed and glean insights from dissatisfied customers risk lagging behind. This article reveals the counterintuitive reality – complaints can serve as the catalyst propelling you to success. This week on Let’s Talk, our experts explore how businesses can turn consumer complaints into a competitive advantage. Let’s Talk. Discover more Let’s Talk Business episodes Contribute to Dynamic Business Silvana Tagand, Regional Vice President of Revenue, APJ at SAP Emarsys Silvana Tagand, Regional Vice President of Revenue, APJ at SAP Emarsys “In the world of retail, customer complaints are invaluable as it serves as a learning opportunity for businesses to work towards excellence. “In fact, between 2022 and 2023, the Australian Financial Complaints Authority received more than 10, 000 complaints on businesses across varying industries which was a 23 per cent year-on-year increase. Although this may seem like an overwhelmingly large number of complaints, every complaint echoes the sentiment of customers who have placed trust in these brands. Rather than viewing complaints as problems, businesses should recognise them as an opportunity for continuous improvement. “With businesses reliant on customers’ discretionary spending, customer engagement is especially critical today in Australia. Therefore, the perception of complaints must change and be viewed as a vehicle for insights. In doing so, businesses are presented opportunities to refine their offerings, address shortcomings and elevate their commitment to customer engagement and satisfaction. “In our Omnichannel Difference report, 46 per cent of respondents reported that their firm saw a rise in customer lifetime value in response to omnichannel engagement. Remember: omnichannel isn’t just about connecting dots, it’s about understanding a customer’s multifaceted journey with a brand. When adopted, businesses are able to make efficient decisions on areas they need to invest in, identify processes requiring optimisation and forging a relationship with the customer through dialogue. After all, feedback really is a gift.” Phillip Zammit, Head of Customer Experience for APJ at Zoom Phillip Zammit, Head of Customer Experience for APJ at Zoom “A customer complaint may not seem like it, but it is always an improvement opportunity. Whether it’s an opportunity to implement new technology or new staff training. If nothing else, customer complaints provide invaluable insight into your customer base. “When you receive a complaint, analyse the root causes behind the complaints to address underlying issues rather than just treating symptoms. For instance, if customers frequently complain about long wait times, assess staffing levels, optimise workflows, and invest in technology that expedites customer service. “Encourage open communication with customers by acknowledging their complaints promptly and transparently. Implementing a robust system for tracking, responding and documenting customer complaints can be instrumental in identifying trends over time and measuring the effectiveness of business processes. “Use your customer complaints to drive product or service enhancements, demonstrating a commitment to continuous improvement. Communicate these improvements to customers, showing them their feedback contributes to positive changes. “Lastly, train and empower customer service teams to proactively address potential issues before they escalate into complaints. By fostering a culture of continuous improvement and customer-centricity, businesses can transform customer complaints into opportunities for growth and enhanced customer satisfaction that lead to recovered sales and repeat business.” Tracy Ford, Founder & HR Consultant at Concept HR Services Tracy Ford, Founder & HR Consultant at Concept HR Services “Customer complaints, often seen as challenges, are a treasure trove for employee development and organisational enhancement. “Customer complaints signify an engaged customer base, providing organisations with opportunities for continuous improvement. It's far better to have customers vocalise concerns rather than harbouring silent dissatisfaction, thereby fostering an environment where customers feel heard and valued. “Customer complaints offer opportunities for improving processes and, where applicable, employee skill and knowledge gaps. Analysing the root causes of complaints allows organisations to implement preventive measures, such as employee coaching and development, minimising the likelihood of similar issues in the future. “For this process to thrive, employees should feel safe in expressing and handling customer complaints. A culture that emphasises learning from mistakes rather than punitive measures is crucial. Employees should be encouraged to view complaints as opportunities for growth, not fear retribution. When a safe and open environment is cultivated, continuous improvement becomes more likely, as employees are empowered to address and learn from customer feedback without apprehension. “Customer complaints, when approached constructively and within a safe culture, transform challenges into opportunities for growth and improvement, benefiting customers, employees, and the organisation.” Pamela Jabbour, CEO at Total Image Group Pamela Jabbour, CEO at Total Image Group “I’ve always loved the quote “if you Stumble, make it part of the dance” and this rings true in all facets of what we do at Total Image Group. Customer complaints are seen as “nuggets of gold” and if we fall short of meeting a client’s expectations and we are lucky enough for them to share this with us, we take this as an opportunity to review what we are doing and what we can do better. “At Total Image Group, we adopt a proactive and customer-centric approach to transform complaints into catalysts for improvement. Our sales team is not just trained to attentively listen to customer concerns, but also to ensure that customers genuinely feel heard—a fundamental aspect of our commitment to customer satisfaction. We go beyond merely addressing the immediate issue; we delve into the root causes, identify any patterns, and maintain transparent communication with the customer regarding the changes or remedies we’ve implemented. “Crucially, we leverage customer complaints as a springboard for strategic improvements across our products, services, and processes. This proactive stance allows us to turn challenges into stepping stones for growth and to make the stumble a part of our dance. “It’s an ongoing journey, but with the right mindset, it proves to be a valuable one.” Elise Balsillie, Head of Thryv Australia Elise Balsillie, Head of Thryv Australia “It happens. We’re all human and make
[[{“value”:” Qatalog is an advanced AI-powered business tool designed specifically for enterprises to optimize their operations, make better decisions, and drive growth. It is powered by ActionQuery, an AI engine that is designed to ensure data security without the need for indexing. One of the key features of Qatalog is its instant AI upgrade. Unlike other tools, Qatalog’s approach avoids common data security concerns, allowing users to get their AI upgrade much faster. This means that enterprises can start benefiting from the AI capabilities of Qatalog without having to wait for lengthy indexing processes. Additionally, Qatalog provides 24/7 operations, offering an always-on AI assistant to support global business operations. This ensures that teams have access to strategic guidance whenever they need it, enabling them to drive growth effectively. Qatalog also emphasizes the importance of quality decisions. With real-time insights on demand, users can make better and faster decisions that they can trust. The accuracy and reliability of these insights are guaranteed by ActionQuery, which ensures accurate and verifiable results every time. Furthermore, Qatalog empowers growth by enabling teams to access strategic guidance at a moment’s notice. This feature allows teams to drive growth effectively by providing them with the necessary support and guidance. Setting up Qatalog is simple and easy, enabling users to get started right away. The tool offers a range of integrations to facilitate this process. Additionally, Qatalog prioritizes data security, providing user level tokens and governance to ensure that there is no unauthorized access to data. With Qatalog, users can expect rapid return on investment (ROI). On average, users instantly start saving two hours per week, generating a return on investment in just 30 days. Qatalog – Features Enterprise intelligence enabled by cutting edge AI Advanced permissions-aware AI engine for data safety Instant AI upgrade for faster implementation 24/7 AI assistant support for global business operations Real-time insights for better and faster decision making Strategic guidance available at a moment’s notice to empower growth Accurate and reliable results with ActionQuery Simple setup and easy roll-out with integrations and rapid ROI Qatalog – Pricing Available upon request – Free demo. Visit qatalog.com for more. Keep up to date with our stories on LinkedIn, Twitter, Facebook and Instagram. “}]]
[[{“value”:” VC Virescent Ventures has announced a remarkable milestone, with its specialized portfolio now exceeding $260 million. The Australian climate tech VC, manages a portfolio exceeding $260 million, supporting 33 innovative climate tech businesses. Established in 2022 by the Clean Energy Finance Corporation (CEFC), Virescent Ventures plans to raise a new fund (Fund II) of approximately $200 million, aiming to further catalyse private sector investment in Australian climate tech. Fund II’s goal is to deploy $200 million or more over the next five years across key thematics, such as clean energy transition, food and agriculture, circular economy, and mobility. Virescent Ventures’ focus has been on Series A or seed stages (with just a few late stage investments). The Virescent Ventures active investment philosophy can add significant value to founders and teams by helping them grow and scale their solutions. As of January 23, 2024, Virescent Ventures’ managed CEFC portfolio is allocated to these thematics: Clean energy transition: ~$115 million (44%) Food and agriculture: ~$28 million (11%) Circular economy and industry: ~$53 million (20%) Mobility and smart cities: ~$48 million (18%) Remaining 7% allocated to specialist seed funds and incubators ($18 million). The portfolio spans various sectors, technologies, and processes addressing global climate transition challenges. Recent investments include $2.6 million in battery recycling startup Renewable Metals. Virescent Ventures focuses on Series A or seed stages and believes the Australian climate tech industry offers attractive returns. Kristin Vaughan, Managing Partner of Virescent Ventures, said: “Ben Gust, Blair Pritchard, and I are very proud to have built such a robust and high-performing portfolio after actively investing in climate tech together as Partners for almost six years. “We are also proud of our heritage with the CEFC and appreciative of the continued support and investment from one of the world’s largest ‘green banks’. It has played an important role in advocating for, and catalysing investment into, climate transition and decarbonisation solutions. Our combined depth of experience and talent in climate tech, combined with the 140+ experts within the CEFC, is an important and unique advantage. “We are also particularly excited to work towards doubling the size of this portfolio with the support of additional local and global institutional and private investors into our upcoming Fund II. The valuations within our current portfolio remain resilient, with portfolio companies continuing to grow and outperform through difficult market conditions. This validates our investment strategy and belief that climate tech VC is a commercially attractive alternative investment.” The CEFC has a minority shareholding in Virescent, with CEO Ian Learmonth leading as non-executive director and Investment Committee member. CEFC CEO Ian Learmonth said: “The climate tech sector has enormous potential to accelerate the transition to net zero. With no single solution to the complex challenge of economy-wide decarbonisation, the diverse range of sectors covered by CEFC climate tech investments will be critical in our race to net zero. Homegrown innovators can also help Australia capitalise on the sustainable economy of the future. “The Virescent Ventures team has an outstanding track record developing and managing an exciting portfolio of climate tech companies. We look forward to continuing to work with them as they pursue their first close and bring much-needed capital and expertise to the sector.” Keep up to date with our stories on LinkedIn, Twitter, Facebook and Instagram. “}]]
[[{“value”:” Arguably the most essential component of the employer and employee relationship is the employment contract. The contract should be clear, concise, and include well-defined protections for the employer. Clauses that are unclear or appear innocuous can have serious consequences when scrutinised before court, something that occurs more regularly than employers realise. Standard bonus clauses and policy clauses are commonly found in employment contracts. However, employers need to be careful in the wording and qualifiers in these clauses to not be caught out for breach of contract. Without careful wording and follow through, these common clauses can leave the employer liable for a claim from its employees. Below, we look at each clause and several cases that have influenced the writing of these clauses in Australia after employers have faced claims for breach of contract. Standard bonus clause When reviewing bonus schemes in employment contracts, the first question to ask is whether the bonus is guaranteed or discretionary in nature. Standard bonus clauses can appear in different forms, with a standard discretionary annual bonus clause tending to appear as: “Annual Performance Bonus You (the employee) are eligible to receive an annual performance bonus; The criterial for the annual performance bonus is… (i.e. satisfaction of KPIs); and The decision as to whether you will receive the annual performance bonus is entirely within the discretion of the employer.” The added proviso of clause (c) often causes employers to assume they have the right to withhold an employees’ bonus, even if the employee has met the required criteria. They would be mistaken to assume this, as the case of Silverbrook Research Pty Ltd v Lindley [2010] demonstrates an employer cannot withhold a bonus ‘capriciously’ or ‘arbitrarily’. Lindley was found to be entitled to damages after Silverbrook failed to assess whether she had earned the annual bonus over the course of her five years of employment. Lindley’s contract provided for a discretionary annual bonus of $40,000 should she meet her KPI’s. However, Lindley was never set any objectives to be measured by, and never received a bonus from the company. After her resignation, Lindley claimed she had never been given the opportunity to meet the objectives to qualify for a bonus. A director at Silverbrook stated they had made a deliberate decision not to pay Lindley a bonus, a decision that would not have changed even if her bonus objectives had been reviewed annually. This case demonstrates that a bonus clause can be enforced against an employer in circumstances where they had wrongly refused to assess or pay the bonus. If an employer has no intention of making these payments, they should be omitted from the employment contract. However, this leaves the employer with a question: what makes an employer when exercising their discretion to award a bonus ‘capricious’ or ‘arbitrary’? To answer this question, we can look to the 2015 case Russo v Westpac Banking Corporation. Russo’s employment contract outlined that he was entitled to a discretionary bonus and certain Westpac policies, including in respect of redundancies, formed part of his contract. In the redundancy policy, there was a statement outlining that should he (Russo) be made redundant he may be entitled to a pro rata bonus at the discretion of Westpac. The qualifier being Russo must achieve an “effective” rating for his performance ‘at the absolute discretion’ of Westpac. At his redundancy, Russo received a ‘needs development’ rating following a flawed process which took impermissible matters into account and Westpac did not give a bonus when terminating his employment. It was found that Westpac had ‘capriciously, arbitrarily, or unreasonably’ used its discretion not in accordance with its policies. These findings demonstrate an employer’s responsibility to pay bonuses in accordance with their criteria, and in a way that is not ‘capricious’ ‘arbitrary’ or ‘unreasonable’. During the hearing, Russo’s manager admitted Westpac had failed to follow bonus policy, contributing to Russo’s lower performance rating. While a clause dictating the absolute or sole discretion to decide on the allocation of performance bonus leaves the employer with some flexibility, this needs to be exercised with caution. Policy clauses Policy clauses are implemented by most companies and are used to address discrimination, health and safety, use of company vehicles and so on. These policies are commonly treated as providing directions from an employer. Since the 2007 case of Goldman Sachs JBWere Services Pty Ltd v Nikolich, the qualifier in the second sentence below has become a crucial protection for employers in clauses now commonly worded as: “Company Policies: You are required to comply with any written policy of the Company. However, the Company’s policies do not form part of your contract of employment.” In this case, Mr. Nikolich claimed his employer breached the ‘Working With Us’ policy in his employment contract, causing him psychological injury. The policy stated the requirement to take “every practical step to provide and maintain a safe and healthy work environment”. Justice Marshall noted while the contract stated Mr. Nikolich should comply with the policy and practice, responsibility also lay with the employer to comply. The policy was accepted by the Full Court majority as contractual obligation. Mr. Nikolich’s employer was found to be non-compliant with their own policy when they terminated his employment, making them liable for a six-figure sum due to the breach of policy. Following this ruling, courts and commissions have accepted that policies will not form part of the employment contract where the above qualifier expressly states this, therefore reducing the risk of breach of contract claims if the employer does not comply. These policies can be complaint handling, disciplinary, performance management, investigations and so forth. Most employment contracts will now include the qualifier, but for contracts where it is not contained, particularly in pre-Nikolich contracts, the company can be held to owe contractual obligations in respect of these policies. This can be seen in the 2022 Elisha v Vision Australia Ltd case. Vision Australia dismissed Elisha after a workplace incident, with the Supreme Court finding this “nothing
[[{“value”:” When it comes to talking and getting things done in small businesses, having the right messaging tool is super important. Instant messaging has soared in popularity in recent years. In fact, the number of worldwide instant messaging accounts is expected to top 9.5 billion by 2025. There’s no doubt that your customers are using instant messaging platforms. The same goes for your team. The real question is whether you’re maximizing instant messaging, also known as IM, to meet your business needs. Check out our list of the best ones that make teamwork easy, help messages flow smoothly, and make work faster. In this week’s edition of Tech Tuesday, we share our favorite picks that can really make a big difference for all kinds of businesses. ipSCAPE Conenct ipSCAPE Connect enhances team collaboration and drives organisational efficiency through combining multiple communication channels into a single interface. Employees can seamlessly message one another across chat, make and record phone calls and have a video conference. This real-time Unified Communications solution is available on a mobile app and the web browser, to facilitate flexible work. With streamlined access to extensive messaging functionality such as file sharing, voice memos and more, employees can easily collaborate one-on-one or in a group chat. ipSCAPE Connect goes one step further than traditional messaging platforms, showing a visual ‘presence’ that indicates an employee’s availability status. Presence promotes quicker collaboration which is especially important in a remote working environment. Built with end-to-end encryption and utilised by enterprise organisations as well as small-to-medium businesses, ipSCAPE Connect’s internal messagingcapabilities can be customised for languages and regions, supporting a collaborative global workforce. Zoom/Zoom Team Chat Zoom has quickly become synonymous with virtual meetings, but it has led the workforce through innovation, providing unified solutions to communicate and collaborate. Zoom Team Chat, is an internal messaging platform that facilitates real-time communication that combines with Zoom Phone, Zoom Whiteboard, and Zoom Meetings, further enhancing modern team collaboration. It allows free and paid users to streamline communications between team members and external Zoom users. It allows you to send chat messages to different types of recipient groups, from a single contact directly to an established chat channel with multiple contacts. With the integration of video meetings, file sharing, and presence status in one place the platform strengthens your entire communication experience. Team Chat also offers powerful search functionality, intuitive design, and granular admin controls. Zoom Team Chat also integrates with dozens of popular service providers, so you not only get a (toggle) tax break — you can also unearth new ways to help make your work more efficient. Workvivo Workvivo (a Zoom Company) is emerging as a game-changing employee experience platform (EXP). Built for the digital-first workplace, the platform simplifies internal communications and drives engagement by empowering employees and helping everyone feel included, no matter where they work. As an advanced internal messaging platform, Workvivo sets itself apart with standout features that allow employees to connect on a deeper level – including recognition and social-style updates.Since its acquisition by Zoom in 2023, Workvivo customers can now access the platform within the Zoom desktop client, offering a seamless experience. This integration will enable customers using both Workvivo and Zoom to move seamlessly between both platforms, enhancing the continuity of experience. As employee experience platforms become a crucial component of the digital workplace, Workvivo continues to be a standout, supporting connection, engagement, and bringing company culture to life digitally. Slack Slack makes connecting with colleagues easy. Message anyone within your organisation or use Slack Connect to collaborate with people outside your workplace – just like you would in person. It’s a productivity platform that redefines workplace communication, with a focus on uniting teams, eliminating roadblocks and boosting productivity. With innovative features like audio and video clips, it’s never been easier to go beyond traditional text-based messaging, engaging and collaborating efficiently with your peers and colleagues. This functionality enhances the overall communication experience with transcription services for audio and video content, allowing teams to share ideas, provide feedback, and connect in a more immersive manner. Slack’s asynchronous model ensures valuable information is easily searchable, archived and accessed at a time that is most convenient for the recipient. Alongside its audio-video capabilities, Slack organises discussions via channels and threads to prevent information overload, while integrating with third-party apps helps to streamline workflows. Keep up to date with our stories on LinkedIn, Twitter, Facebook and Instagram. “}]]