Abstract

In late 2016, two well-known Australian organisations joined together to produce a new employee wellness index. The national and international firms, Medibank and Deloitte, respectively, promoted the index as enabling firms to measure the collective wellness and wellbeing of their staff. The two firms were of the view that these concepts should become a mainstream issue for boards and management, and form part of CEO accountability to the board. The case was put that responsibility for wellness should become a key performance indicator against which leadership and management performance could be judged. This paper examines the basis for such a proposal in terms of Australia’s system of corporate and tort law. It reviews the implications of a potential employee right to wellbeing. Would this impact, for example, on the established rights and expectations of employees, both individually and collectively? In addition to examining the consequences for relevant law and regulation, this paper reviews the implications in an international context for Australia’s long-established system of shareholder-primacy corporate governance. In particular, does the proposed wellness index invert the shareholder model, and give too much power to employees?

Highlights

  • In late 2016, two well-known Australian organizations joined together to produce a new employee wellness index

  • The case was put that responsibility for wellness should become a Key Performance Indicator (KPI) against which leadership and management performance could be judged

  • This paper examines the basis for such a proposal in terms of Australia’s system of corporate and tort law

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Summary

THE EMERGING WORKPLACE ‘WELLNESS’ PROJECT

Across several years, there have been several articles and studies dealing with wellness in the workplace. The CEO of the Australian arm of international accounting firm, Deloitte, Cindy Hook, which is one of the proponents of the new measure and central to its development, has said: Increasingly you are hearing CEOs talk about this – whether it’s just mental health or wellness more broadly, I really think the trend is increasing. This does have a very strong business purpose. There is a potentially broad appetite at senior levels of the corporate, not-for-profit, and community sectors for mental health measures to be developed within firms, and for wellness more broadly, to be developed and quantified

IDENTIFYING THE MENTAL HEALTH AND WELLNESS INDICIA OF STAFF WITHIN FIRMS
THE DELOITTE–MEDIBANK REPORT AND A NEW NATIONAL WELLNESS INDEX
A DEFINITION OF ‘WELLBEING’
A NEW FORM OF WORKPLACE AND MEASUREMENT ETHOS
THE ISSUE OF STAFF WELLNESS IN THE INTERNATIONAL LITERATURE
NATIONAL SYSTEMS OF CORPORATE LAW AND GOVERNANCE
VIII THE AUSTRALIAN CORPORATE MODEL RELEVANT TO MEASURING STAFF WELLBEING
A Employment Law and Contract
B Tort Law and Occupational Health and Safety
C Class Actions by Employees of Their own Firms – A New Paradigm?
D The Board’s Duty to the Company as a Whole
INTERNATIONAL GOVERNANCE AND COMPARATIVE MODELS
INTENDED AND UNINTENDED CONSEQUENCES
CONCLUSION
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