Performance management can be a positive experience when handled correctly. The process is never easy & even good organisations may find a staff member disagrees with the assessment, genuinely believing they are being bullied while being performance managed. What can you do & can I get help?
Workplace Bullying or Performance Management – With the recent rise in bullying claims put forth to the Fair Work Commission, employers need to ensure they are aware of the differences between workplace bullying and reasonable performance management.
In this article we look to address these differences.
Workplace bullying can be defined as any form of ongoing unreasonable or threatening behaviour in the workplace by a person or group of people, where the behaviour is seen to create a risk to health and safety. Examples of workplace bullying include:
- Physical violence – tripping, pushing, physical attacks
- Setting unrealistic demands – purposely setting an employee up to fail
- Spreading gossip or rumours
- Exclusion from activities or conversation in the workplace
- Hazing
- Yelling, swearing or insulting or aggressive behaviour
- Mocking or hurtful comments
- Displaying offensive material
Reasonable management action carried out in a reasonable manner does not constitute bullying. Reasonable management action may include:
- Disciplinary action following serious misconduct
- Requesting an employee perform reasonable duties aligned with their role
- Implementing and maintaining reasonable workplace goals and standards
- Performance management processes
- Notifying an employee regarding their unsatisfactory work performance or inappropriate behaviour
Nevertheless, the actions above must be conducted in a reasonable manner. If not, they may be considered bullying.
Supervisors are most commonly cited as displaying bullying behaviours, and because of this there should be an emphasis on educating and training them on appropriate behaviours predominantly in relation to managing employee performance.
For Employers if you have received a copy of an application for an order to stop bullying you have an obligation to respond within 7 days. In some circumstances the Fair Work Commission may attempt to help the parties resolve the matter between themselves without escalating to a courtroom.
For support or advice, please contact our human resource specialists for assistance.