Managing poor performance and behaviour

In order to maintain a harmonious, efficient and consistent work environment, the manner in which you deal with bad behavior is particularly important.

Bad, disruptive or negative behavior in the workplace is essentially a rebellious form of underperformance, and may be triggered from a number of factors including:

•                    An employee’s confusion or ignorance regarding their goals, expectations, standards to be upheld and resulting consequences

•                    Personality or cultural clashes

•                    Incompetency in the tasks or skills required of the employee

•                    Insecurity or uncertainty in their performance resulting from lack of praise or feedback

•                    Indolence, poor work ethic or environment

•                    Issues in an employee’s personal world

•                    Feeling victimized by workplace bullying

Developing a strategy on how to deal with such behavior, prior to having to deal with such situations is crucial. In the case that the issue results in termination and is taken to Fair Work, it is imperative to have a clear trail of documentation. These documents should include clear procedures on how to manage underperformance and a job description that highlights the expectations, roles and targets of each employee. 

Employees need to be aware of their job descriptions and of the employers’ management of work performance. Should management of underperformance become necessary, or should an employee violate employment conditions, documentation of interviews should be kept, as should any email communication. To help avoid small issues resurfacing, documentation of the management of each individual incident is helpful. 

Note however, not all issues of underperformance may need a formal address; the answer may be as simple as implementing of a culture of regular feedback to improve employees’ performance.

There are a few important steps in managing bad behaviour. These are:

1.   Identify the issue

2.   Assess the issue

3.   Discuss the issue with the employee in a private conversation

4.   Devise a solution as a team

5.   Monitor performance

A few other keys to remember when dealing with underperformance or any work related issue is to steer clear of using business jargon in conversation, and opt for a more relatable choice of words to avoid alienation or misunderstanding.  An employee should come away from the conversation with a clear understanding of the expectations of them in the workplace, the improvement required, and any follow up steps that will be taken

To find out more, or for assistance with managing poor performance or behaviour, contact Annette at End2End Business Solutions on (02) 8977 4002.

How to Investigate a Bullying Claim

Workplace bullying is a serious, and very real issue that requires attention and care to prevent and deal with any cases that may arise. Failure to implement procedures to prevent and address bullying in the workplace can put employers in danger of breaching OHS policies and the Fair Work Act.

Implementation of workplace policies is the first step in prevention of bullying; such policies should be thorough, and must outline the standard of behaviour expected of members of the workplace. 

Implementation of policies to all new and existing members of the workplace is crucial; they should be discussed in meetings and frequently submitted for review to guarantee functionality and effectiveness.

It is vital that an employer deals with issues of bullying at their immediate awareness as failure to do so can contribute to risk of health and safety in the workplace. 

Employers may look to either internal or external sources to investigate a bullying claim; regardless, it is important that the selected investigator is well trained, has a proper understanding of procedural fairness and any associated legal issues. External investigators are usually the go-to for a serious claim, where as an internal investigator may be more useful for more minor issues, or in cases that need to be dealt with more promptly.

Investigation should be used for:

•          Ongoing reports
•          In any case where a threat is involved
•          Cases where multiple employees have been reported
•          Where an informal, early intervention approach has not solved the issue.

An investigation needs to assess the issue and find a resolution. The appointed investigator should be neutral to both parties; they should determine what allegations will be tested and how the process will take place, including prospects to be interviewed and the overall timeline. Professionalism of the investigator is a must, as is objectivity in examinations, sufficient time allowance, consultation with relevant witnesses, informing all involved parties of possible investigation results and outcomes, fact based conclusions, set up of private hearings from all parties and documentation of facts.

To ensure fairness and efficiency of investigation it is crucial the respondent is made aware of

·         reports against them

·         investigation processes to be executed

·         possible consequences,

and:

·         has an opportunity to seek advice or representation

·         is provided with the opportunity to reply to complaints

·         is kept confidential and,

·         informed of how they may submit a review of the outcome.

The investigator must report on the accusations made, processes undertaken, evidence discovered including interviews and a conclusion of whether the case of bullying may be validated.

Further action should be taken if necessary, and outcomes should be communicated gently to the respondent. 

Contact Annette at End2End Business Solutions on (02) 8977 4002 for advice on establishing workplace policies and dealing with bullying claims for your business.

Changes to Bullying Measures in the Fair Work Act - 1 Jan 2014

Under the Work Health and Safety Act 2011, employers are obliged to take all reasonably practicable steps to manage health and safety risks in their workplaces.  Bullying is one such health and safety risk, and failure to manage and prevent bullying could constitute a breach of the Act and could have serious repercussions, not just for those bullying or being bullied, but for your organisation as a whole.

As from 1 January 2014, the Federal Government will introduce new federal anti-bullying laws which are designed to stop workplace bullying promptly.  However, the laws do not give bullying victims an entitlement to monetary compensation or reinstatement of their position.  From 1 January 2014, a worker who is being ‘bullied at work’ or believes they have been bullied at work will be able to apply directly to the Commission for an order to stop the bullying.

These new laws will cover contractors, subcontractors, outworkers, apprentices, trainees and students gaining work experience as well as volunteers.

Under the new provisions, a worker can bypass his or her employer and lodge a claim directly with the Commission. The Commission is required to deal with an application within 14 days after the application is made - the time limits will mean an employer will have very little time to investigate, assess, and respond to a claim. Under the new laws, employees can formally require the Fair Work Commission to order employers to take action against bullying colleagues and managers. The FWC will have the power to issue an order to the alleged bully or bullies, to put a stop to the disputed behaviour. 

With the introduction of these new laws, it is essential that an organisation has an effective workplace bullying policy which includes:

1. a definition of workplace bullying, including a statement that workplace bullying is unlawful;

2. a complaints process; and

3. information about the consequences for a worker who has engaged in workplace bullying.

Bullying is defined as follows:

A worker is bullied at work if an individual or a group of individuals repeatedly behaves unreasonably towards the worker or a group of workers of which the worker is a member and that behaviour creates a risk to health and safety. 

It is irrelevant whether the individual or individuals who are bullying intend to bully the victim.

It is important to note that bullying involves repeated unreasonable behaviour. An isolated incident is insufficient. 

Importantly, the definition has retained the exemption for reasonable management action which is carried out in a reasonable manner.  (A performance assessment/review that you disagree with will not constitute bullying!) 

Bullying can include more obvious and overt behaviours, such as: 

•                    intimidation

•                    verbal abuse

•                    assault

•                    physical aggression/violent behaviour

•                    spreading rumours about someone

•                    constant name calling

•                    practical jokes

•                    harassment/sexual harassment,

•                    trolling on social media.

But bullying can also include behaviours such as:

•                    constant unjustified criticism or complaints

•                    constant threats to sack or demote

•                    excluding someone from workplace activities

•                    inconsistent and arbitrary enforcement of rules

•                    setting unreasonable timelines

•                    deliberately changing work arrangements in order to inconvenience someone

•                    setting tasks that are unreasonable

•                    excessive scrutiny of work performance

•                    withholding information or tools required to perform work, and

•                    taking credit for another employee's work and failing to acknowledge that employee.

Examples of the sorts of orders the Commission may make include:

•             regular monitoring of behaviours by an employer;

•             compliance with the employer’s workplace bullying policy;

•             provision of information by the employer;

•             additional training to employees; and

•             amendment of the employer’s workplace bullying policy.

What will this mean for Employers?

It would be expected that employers' processes for handling complaints about bullying will be in the spotlight. Therefore, over the next few months until 1/1/2014, it will be important that employers use the time remaining to review and improve their policies and framework regarding bullying. 

Businesses should ensure that performance management and investigation processes are fair and reasonable.

They should have appropriate policies that detail the action taken when an employee makes a grievance or complaint about bullying behaviour, and appropriate mechanisms in place for addressing concerns of workplace bullying.  All employees should have a copy of the policy, or at least know where and how to access the policy.

In the event of an application to the FWC, any workplace investigations conducted will be open to scrutiny. You must be able to show that you have acted with fairness. Organisations may also need to prove that they have given employees training or guidance in relation to their policy, so all employees are aware of what they need to do if they think they are being bullied.