I regularly get calls from frustrated managers about employees they are having problems with. It often becomes apparent they have been tolerating such behaviour for some time.

In one such situation, Robert, a small business owner and very amiable individual, had been tolerating an employee’s bad attitude for quite some time and becoming quite stressed. Normally a very patient manager, Robert had lost his cool and shouted at the employee and then called me asking how he can be terminated immediately.

A quick legal assessment highlighted the absence of any discussions or disciplinary processes meaning that the employer was quite exposed in any Unfair Dismissal or Adverse Action proceedings if termination took place.

Given the age of the employee this could also make the termination ’unjust’.

Robert had accepted the poor attitude for quite some time not wanting to confront the employee and outline his behavioural expectations. This had also affected the workplace culture.

After assisting and coaching Robert on a disciplinary process he held a discussion with the employee. The employee was very angry and defensive retorting that his behaviour had not been a problem before so why the sudden change. The employee resigned after disputing the comprehensive written warning he had received. He claimed unfair dismissal with his lawyer stating he had been constructively dismissed as it was impossible for the employee to continue working under such circumstances.

We denied the Commission jurisdiction to deal with the matter. Thankfully the employee and their lawyer did not pursue the matter to hearing.

There are often several reasons for employers not dealing with a difficult employee:

• Some managers find it hard to confront such individuals especially where those persons exhibit a real negative/strong attitude. 

• Some do not have the skills and really don’t know where to start with such a discussion. 

• Others are concerned about the employee’s legal rights and the potential cost of getting it wrong to the business which can be substantial. 

These are all valid and very real concerns.

However, not dealing with such a person results in:

• Stress to that manager and the immediate Supervisor who deals with them day to day. 
• The employee feeling ‘safe’ about getting away with it and actually getting worse over time.
• Reduced productivity from the employee and from their immediate manager spending too much time attempting to manage that one individual. 
• The impact on other employees who carry the load or are treated badly by this individual. They may also decide to find alternative employment resulting in a loss of skills.

Accepting this type of negative behaviour lowers what is regarded as the behaviour ‘norm’ and may cause some other employees to change their behaviours in a negative manner. Its very difficult to talk to Jane about her performance when Jim is allowed to get away with it. This further results in a loss of respect for the manager. It’s a downward spiral.

I can totally understand facing off a difficult employee can be daunting, but it needs to happen – and sooner than later.

There are a number of stages to go through in such an exercise.

Firstly, your preparation is vital. This involves collecting examples and evidence.

Thereafter it’s a matter of organising meetings and setting out required standards/expectations and following up.

These matters can also present legal challenges for employers as the employees, no matter how bad their behaviours, have very distinct legal rights that can be quite costly if breached.

Hunter Employee Relations can assist with these situations in several ways including the preparation work, managing the steps behind the scenes or meeting with the employee with the responsible manager present.

If you wish to talk about particular individuals with performance or attitude concerns, please do not hesitate to contact me. Happy to have those conversations after hours if you prefer.

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