{"id":3380,"date":"2017-07-19T09:52:55","date_gmt":"2017-07-18T23:52:55","guid":{"rendered":"https:\/\/www.wiseworkplacetraining.com.au\/2021\/09\/11\/performance-management-to-avoid-bullying-complaints\/"},"modified":"2021-09-11T09:53:04","modified_gmt":"2021-09-10T23:53:04","slug":"performance-management-to-avoid-bullying-complaints","status":"publish","type":"post","link":"https:\/\/www.wiseworkplacetraining.com.au\/2017\/07\/19\/performance-management-to-avoid-bullying-complaints\/","title":{"rendered":"Performance Management to Avoid Bullying Complaints"},"content":{"rendered":"
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Staff who are subject to increased employer supervision or performance management may feel that they are being personally victimised, attacked or even bullied.<\/p>\n
It may be difficult to distinguish between reasonable performance management and bullying, especially when the worker involved is sensitive by nature, has personal stress factors, fails to acknowledge their own performance shortcomings or is emotionally reactive. This leads to an increased risk of bullying complaints when staff members are being performance managed.<\/p>\n
So how can employers use performance management steps to manage their staff to meet operational requirements without risking censure, criticism or complaints of workplace bullying?<\/p>\n
The following guidelines apply to reasonable performance management:<\/p>\n
To guard against the perception of bullying, employers need to ensure that they:<\/p>\n
Even though the process is designed to be cooperative and consultative, employees may still object to performance management and complain that they are being bullied, victimised or harassed.<\/p>\n
The Commonwealth at section 789FD Fair Work Act 2009<\/em>, specifically states that an employer is not bullying their staff if they engage in ‘reasonable management action carried out in a reasonable manner.<\/em>‘<\/p>\n In practice, reasonable management (as opposed to bullying) means that:<\/p>\n Regardless of how aggrieved the employee feels, or how they perceive their employers actions to be intended, a tribunal will consider the reasonableness of the performance management action objectively.<\/p>\n What is ‘reasonable’ is a question of fact and the test is an objective one. Whether the management action was taken in a reasonable manner will depend on the action, the facts and circumstances giving rise to the requirement for action, the way in which the action impacts upon the worker and the circumstances in which the action was implemented and any other relevant matters.<\/p>\n This may include consideration of:<\/p>\n When used to its maximum potential, a PIP can:<\/p>\n It is important that PIPs are drafted in accordance with the organisation’s workplace behaviour management policy.<\/p>\n Managers should take the time to:<\/p>\n To guard against the increased risk of performance management bullying complaints, employers seeking to implement a performance management regime must ensure that:<\/p>\n 1.<\/span><\/strong> <\/span>Each employee has a clear, logical, objective and easily accessible position description according to which they can be measured (and self-measure).<\/p>\n 2. <\/strong><\/span>The employer’s desired improvement outcomes are objective, have been explained to the employee, and are clearly understood.<\/p>\n 3.<\/span> <\/strong><\/span>The employee is provided with employer, and where appropriate, peer support, and guidance to assist them in achieving the desired performance outcomes.<\/p>\n Following the three golden rules can help employers avoid unfounded claims of workplace bullying when they are improving the effectiveness of their business through performance management procedures.<\/p>\n Should you require a workplace investigation to determine whether management action has been reasonable or whether it constitutes bullying, contact WISE Workplace.<\/p>\n<\/div>\n\n
WHAT IS A REASONABLE MANNER?<\/h3>\n<\/div>\n
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The Role of the performance improvement plan (pip)<\/h3>\n<\/div>\n
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tHE three golden rules for employers<\/h3>\n