
- LEADR Workshop 25 November: Mediating workplace bullying complaints
- LEADR Presentation: Mediation – is it suitable for workplace bullying complaints?
- Moira Jenkins to speak at LEADR Conference in Brisbane 7 - 9 September 2011
- Introducing a new model of mediation for addressing complaints of workplace bullying.
- Is Brodie’s law effective in preventing bullying or a case of closing the gate after the horse has bolted?
FAQ Employers
Q: I am worried that I will be accused of bullying when I counsel or discipline a staff member.
Managers are allowed to counsel, critique an employee's work and performance and discipline an employee if it reasonable to do so, and it is carried out in a respectful manner. Managers sometimes make unpopular decisions, implement unpopular policies, or say no to requests that staff members make. However, if this behaviour is reasonable, the same standards are applied to all staff, and there are good reason for the unpopular actions or decisions and their behaviour is respectful and consistant, it is not bullying.
The way you carry out your duties as a manager needs to be respectful. A manager that yells at a staff member in front of everyone each time they make a mistake may be exhibiting bullying behaviour. However, if you counsel an employee in a respectful manner it is not bullying. It is your job.
You need to be fair in your dealings with all staff members, and apply the same standards to all staff. If you need to discipline a staff member, they need to know why they are being disciplined. They need to be able to tell you their side of the story and have support if required. Also, the 'consequences' needs to fit their misdemeanor, and take into account all the relevant circumstances.
Research shows that bullying thrives in a work environment where management is inconsistent in their approach, and is slack. If you see inappropriate behaviour then you need to deal with it - before you recieve a complaint. Bullying also thrives in environments when the manager is very authoritarian. This means that managers need to talk though issues with their staff, they need to explain changes (sometimes over and over again) and they need to be consistent in their approach to all staff. They need to show some flexibility, but be clear about the behaviours they will and will not tolerate in their team. They need to model respectful behaviour themselves. They are leaders and role models, whether they see them selves that way or not. Staff will follow the behaviour that their manager displays.
Q: A staff member complained to me about bullying and asked me to keep their complaint confidential. What do I do?
Bullying is an occupational health and safety hazard. It can not remain confidential. You have a legal duty of care to keep your staff safe, and if you see anything, are told verbally about behaviours that suggests that a staff member may be at risk of (psychological or physical) harm, and you do nothing, you may be breaching your duty of care.
Talk them through the issues and the options they have. Document that you have talked to them. Follow up to see if the behaviour is still occurring (and keep an extra close eye out your self). If the behaviour is still occurring or you see the behaviour yourself, then you must act. Documentation and follow up is very important, and can't be underestimated.
There have been a number of court cases where managers have not acted on complaints, and the bad behaviour has continued, contributing to a psychological injury for the employee. You can't keep a potential safety hazard confidential.

