In recent years we have seen a continuing increase in claims being lodged for bullying and harassment. At first glance most of these claims seem to arise from performance management activity, both formal and informal, however this does not always provide a defence against liability.
Any staff member receiving feedback around performance or workplace interactions is likely to feel stressed, however there is a section in the legislation that prevents claims being lodged for this reason.
This is dependent on the management action being reasonable. The term reasonable however is not clearly defined within the legislation.
So as a Manager what can you do to ensure that your management actions are considered reasonable?
We suggest ensuring that your policies and procedures are up to date and that they are strictly adhered to when addressing poor performance in the workplace.
Record keeping is also key to ensure you are able to demonstrate that the action taken was reasonable. The key areas to document are;
- What led to the management action being taken
- How the management action was undertaken
- The outcome and consequences of the management action
This does not guarantee that a claim lodged for bullying won’t be accepted but are the first steps to take to minimise this risk.
For support or advice, please contact our workers compensation specialists for assistance.
Source: Health & Safety Handbook
Title: How to avoid bullying claims when managing workers
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