ELM TV EXCLUSIVE – Lander & Rogers’ Aaron Goonrey provided us his top tips on performance management live at the recent HR Law Masterclass. One of the challenges he cites employers often facing is, “confronting the problem in the first place”.
Managing under-performing employees is a complex and often fraught process, and many employers have been surprised to find themselves on the receiving end of a bullying claim after undertaking what they believed to be reasonable management action.
In this exclusive with Phillipa Muir of Simpson Grierson, we learn about issues around workplace bullying and discrimination in New Zealand, and also how the culture shift towards ensuring inclusiveness in the workplace, particularly for the LGBTI community, has been very positive, yet is often met with some resistance.
“The bullying conduct included the manager speaking to the employee with a stern tone and pointing her finger at the employee, as well as… saying to the employee ‘I’ve never met anybody so stupid as you’,” writes Tiffany Campbell of Holding Redlich.
The team at Corrs Chambers Westgarth discuss why tackling bullying and other unacceptable forms of behaviour in the workplace (discrimination, sexual harassment) is not just important to avoid legal claims, but also “very much about creating a positive workplace culture that will ensure you can attract and keep the best talent.”
In this practical and exclusive interview with Aaron Goonrey of Lander & Rogers he details why “a distinct workplace anti-bullying policy is a measure that businesses should be adopting as best practice”. He suggests that the policy should outline what is acceptable behaviour and what is not acceptable.
Law firm, Kemp Strang highlights in this article and case example that “where more than one worker is alleged to engage in bullying conduct, the FWC needs to be satisfied they are acting together repeatedly if it is going to make a stop bullying order”. Learn when the FWC will make anti-bullying orders.
The District Court of New South Wales has recently determined a claim by a plaintiff who alleges that he sustained a psychological injury as a result of three instances of workplace bullying. “Even if it is found that allegations of bullying are not substantiated there may still be a risk of an employee developing an injury”.
In this submission by Laura Driscoll, read what the Fair Work Commission constitutes as “bullying”; which includes less obvious examples such as sarcasm, bad faith, isolating, freezing out, belittling and innuendo.
Experienced industrial relations, employment law practitioner, and ELM workshop facilitator Aaron Goonrey of Lander & Rogers gives us his exclusive insights into the topic of managing difficult employee behaviours in this concise Q&A. Don’t miss the final point he makes on the topic.