To avoid employees claiming they were bullied while being counselled, managers need to take a structured approach to addressing performance or attitude issues.

Hunter Employee Relations was requested by a not-for-profit disability services client to undertake a workplace investigation into a manager bullying one of her direct reports. The employee, Richard, was in his mid-50s, stated he was being bullied by his much younger female manager.

Richard was a disability care worker who had taken up the casual role after retiring from the Police Force as a Senior Detective.

Richard was a strong character and immediately antagonistic in the initial investigation interview claiming he would not get a fair hearing. He stated his manager was harsh to him and was also punishing him by changing his roster and taking his clients off him. Having previously assisted the manager on other employee matters this appeared out of character.

The manager was quite frazzled about her interactions with Richard. She outlined a number of attitude related performance management discussions relating to Richard potentially bullying other staff and herself. This was corroborated through interviewing several staff. All casual employees were aware that effective rostering based on client needs was difficult and accepted they would have a mix of easy and more complex needs clients. There was no such thing as ‘their’ or ‘not their’ clients.

It became clear that Richard wanted to control the manager, other team members, take his pick of easy clients and chose his work hours. Richard was in fact the bully and responded to attempts at counselling discussion around these issues with claims he was being bullied and victimised.

For reasons unknown Richard brought his wife to the investigation debrief meeting. On my confronting him about his own behaviours and false claims of bullying his wife tore shreds off him. Richard resigned effectively immediately.

In review it was clear that Richard had put some planning into his bullying allegations – evident by his claim to me he would not get a fair hearing at the very start of the investigation.

Sign up HERE to receive Hunter Employee Relations Update directly to your email inbox

Unfortunately, it is becoming increasingly common for employees to respond to counselling or disciplinary processes with claims of bullying. Employers should be assured that such processes, when conducted professionally, are not bullying.

Similarly, some employees who are lazy or have become very comfortable in their job, may not like being asked to do their job or given additional duties. Employees resisting such changes may result in a manager taking a firmer approach. Employees may then cry ‘bullying’ in response.

It becomes particularly difficult where a supervisor or manager have avoided the issue and accepted subpar performance from an employee for some time. What is there real job becomes a touchy question.

What’s important in such discussions is the ‘manner’ in which the above are delivered. Repeated unstructured and abusive disciplinary comments or off-the-cuff terse instructions by a manager towards an employee could well be end being classed as bullying.

It is vital that employers do not hesitate to deal with challenging situations. It essential to be prepare for and hold those discussions in an appropriate manner.  It is vital that employers do not hesitate to deal with challenging situations. It essential to be prepare for and hold those discussions in an appropriate manner.  

Other legitimate employer decisions which have resulted in claims of bullying by employees include: 

• variations in work allocation (part of the case above); 
• action taken to change how an employee undertakes their work; 
• a decision not to provide an employee with a promotion; or
• a business restructuring and other workplace change

Where employers believe that work changes or a counselling/disciplinary process may result in a bullying claim, they should seek professional advice before initiating discussions.

Give me a call anytime to talk it through.

Please let me know if you wish to receive the Hunter Employee Relations ‘Employer Guide to Bullying, Harassment & Discrimination in the Workplace’. I will email you a copy.

Want to know more about Hunter Employee Relations?

Want to know more about our client services?  

Kind Regards
Michael Schmidt
M 0438 129 728
[email protected]
www.hunteremployeerelations.com.au

Industrial Relations - Employment Law - Workplace Performance