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aldebaran3003
21-06-2012, 02:24 PM
Hi. As a company departmental manager of 10 years, I am usually the person conducting the disciplinary interviews with employees. This time I'm on the other side of the fence and I need some HR advice from you insiders with clear heads and unobstructed vision. I will try to be succinct without giving away too much info on my position, I'm sure you understand.

I have been with this company for 13 years, 12 of which has been as a supervisor and manager. The position I am currently in, I moved to 6 years ago. Challenging but enjoyable until about 10 months ago when a company restructure saw 1 manager move to a national role and his old role was added to mine, without consultation, remuneration or contract variation. I wasn't happy about it as the additional role is nowhere near my chosen profession or where my expertise lies, but it was made quite obvious by my boss that I had to take on the role for my "continued employment". Within 2 months I was allocated a national tender which I under performed on by a seasoned persons standards, no surprise since I had never written a tender in my life and giving the newbie a multi-million dollar contract to write should have been stunningly obvious a bad decision. None-the-less I did my best even though it required learning a whole new essentially language in a very short time. I required help and I asked for it. The CEO was unimpressed and let me know it. We got the contract.

Another recent restructure saw my position/s moved to another department and now I answer to the fellow whose role I was allocated, we'll call him "Bob" in the interest of privacy. Bob treats me with disdain, presumably because I don't perform his old role with the same finesse he did, despite the fact I have my own role and his old role and he has no concept of the business I run as his qualifications don't lie there. This additional role is taking all my time and I have little time for my original role.

Next, a colleague/support, we'll call him Ben, who was pivotal in assisting with this role (and Bob's role previously) moved to a different department. I am left doing 3 jobs and I am struggling. Ben is unlikely to be replaced anytime soon, as the position is difficult to fill. I asked Bob to allocate one of his 5 support staff to helping fill this position a couple of day a week in the interim as it keeps me on the phone nothing less than constantly. He refused (in writing) stating that they were "working on things that are too important just too drop so you (I) don’t have to answer a few calls".

A little while ago, Ben was asked to give a price point on some work and I advised him to get the prices from the relevent department. It was missed which is highly unusual for Ben who is meticulous. In the grand scheme of this business it is not a big contract and would probably only be worth a couple of thousand dollars a year at best. However, Ben says I was doing it, which is not correct. The communication was between Ben and the relevent parties via email and not myself.

So Bob has raised disciplinary action with me on Monday with HR. I'm gobsmacked, I've never been in this position before. Ben is in the clear as he's moved departments. Besides, being satisfied with Ben's work and support I would never have raised an issue with him over such a moderate oversight. Sure it's not the best performance but there are some things that just do not justify action.

I believe this is a vexacious attempt by Bob to oust me from the company. Nothing less than a personality clash. So most of the advisors I would consult on HR issues are with the company and I cannot consult them in this instance.

Where do I stand? A friend who is an IR lawyer says to admit my mistake, which I don't believe I have made, and to point out that I have a good track record with the company, have never had any formal/informal complaints or disciplinary action in my history with the company and never had a performance appraisal in the entire time I've been there.

It feels very odd to be in this position since I have never brought any undue or minor action against any of my staff and my HR issues have always been dealt with fairly and transparently.

I admit there are things that I could do better but I'm struggling with 3 roles and my attempts to ask for help have been refused. What more can I do? How can I defend myself from the tyranny of Bob who shows such obvious disdain for me?
Thanks in advance for any advice or insider knowledge you may impart. I deeply appreciate it.

Sonya P
22-06-2012, 10:06 AM
I can't offer advice on how to deal with this issue from a legal perspective, but I would have thought it could be a case for an adverse action claim. A problem however is that pursuing such a claim could be emotionally draining and may not be good for your future career.

Nevertheless, I suggest you document everything meticulously just in case, including what you do each day, such as the number of phone calls and time taken doing Ben's old job.

Personally there is no way I would take the rap for a mistake that I didn't make. However I would start looking for another job and if I could find something reasonable I would be tempted to walk away from what sounds like a fairly this toxic situation. It's often easier to get another job while you still have one!

Tiger
22-06-2012, 10:35 AM
My god, organizations never cease to amaze me! But have you really considered that they plainly do not like you, don't want you and by overloading you, it was their way to get you out of the business?
Whilst it is not clear what type of business you are in - which might mean the company could be in some difficulty? Having people double up on jobs, not replacing people, is not a good sign that all is well.

But let's get back to basics. You mention HR but a HR dept which doesn't issue Letters/Contracts of Variation when someone's job changes, is either not doing its job or is so out of touch with what is going on in the business, they can't do their job. It would not be the first business to be run by bullies who have no consideration for rules, people etc. and leave HR out of the frame.

Whilst organizations can reasonably expect (and often include this in employment contracts) to move/promote/etc employees over time &/or expect them to step up to other tasks for short term periods, obviously there must be consultation. If, as you suggest, there has been no consultation, then events could be considered a case of bullying. I bet that the ..'take it on.. or risk continued employment" was not in writing? A pity, something like that should have been documented - even if it meant you simply emailing the conversation to the CEO confirming to him your understanding of the conversation - you thus then have a record.

Hindsight is a great thing but with the first restructure, you should have demanded
a) a discussion around the fact that you
- wanted to see a position description of the new job and written confirmation that you'd also be expected to continue doing your original job (PD for that as well)
- don't have the qualifications to do that new job so were not their best choice in this case
- suggestion that both jobs be streamlined to make it possible to achieve some kind of optimum performance with delegation of some tasks to subordinates leading to one PD together with the relevant adjusted remuneration.

b) there should then have been a Variation to Contract letter which you could elect to sign/accept or NOT depending on outcome of a).

Not accepting the new revamped role, I admit, means you would probably be out of a job. However, (without knowing your income - there is an income threshhold) there are industrial relations remedies like unfair dismissal may be open to you or, as last resort, seeking resolution via the courts.

Frankly, forget the emotion for a moment and who is blaming who for alleged mistakes, you need to get back to the core issue here and whether the company has acted unfairly in overloading you and in its treatment of you. You might have a case for victimisation?

Of course (and sorry to be brutal) you also have to be honest with yourself about your own contribution to this state of affairs.

You defintely need an advocate. Normally I would say you need to go to your HR Manager as first step - have you tried to do that? If you have and there has been nothing done to assist in a win-win outcome here, then I would contact Fair Work Australia and ask them for assistance.

I think you could have a case based on
- unfair treatment
- being told to do work which is outside your employment contract and your skill level
- you are being bullied (even if just your perception this is the case) which can contribute to your stress levels.

If you haven't yet formally approached your HR to resolve your problems, then you should do so but go prepared. Dot point your issues chronologically and stick to the facts. What is happening now is the end result of what has been building for 10 months.

Tell your HR that you want a resolution to your job, a position description, a Variation and you want to put your side of the situation. If it gets down to this, you might also inform HR that your view is that disciplinary action is far fetched/out of line here and that whilst you would like things nipped in the bud now and that you will, if push comes to shove, be seeking external advice.

For what it's worth, I'd say this Bob character could well be in the same boat as you ie trying to do a job for which he too is perhaps unskilled so has his own set of pressures resulting in his treatment of you.

It appears that communication doesn't exist in your organization - how can pricing errors like you describe, occur if you have robust systems and have regular meetings and discuss things. Working in an environment of a few little islands is asking for trouble.

As to your IR lawyer's advice - whilst he may have more information, I think he has missed the point - I suspect that admitting or not admitting your mistakes is not really going to change the situation. No one can be expected to take on three full time roles and not buckle - it was setting you up to fail to think otherwise. The company has a duty of care to you - that's another angle - your health.

1) So be rational, calm, document (dates and time included with whom, etc) all events, discussions
2) Set up initial meetintg with your HRM then demand a meeting of those involved (Bob, Ben & CEO) it might be more than one meeting is required; remember in these meeting, you should have a witness, a reliable someone who takes good notes in meetings.
3) HR should independently do its own investigation however, before you get everyone in the room
4) If it doesn't look like you feel you are getting a fair hearing from HR, talk to FWA

You will either be able to rationally resolve the problem or not. If not, it may be due to your company being in difficulty or being mismanaged or both, or it may be you, in which case you may need to prepare yourself to separate from this company and move on. Not the response you want of course, I get that, but the reality is if you do have to go, you might be successful in getting something out of them ($$) if you can prove they've acted unfairly, etc. I've seen many ex-employees, rightly or wrongly, win compensation this way.

My final advice is you need to remain businesslike and rational, the moment emotion enters into the pot, that is when you lose control. I wish you good luck -

Qld IR Consultant
22-06-2012, 02:41 PM
First off you never admit a mistake when the mitigating circumstances are beyond your control. Don't try and run your response like a legal case. Stick to the facts. First off you need to know what the allegations are so you can have time to respond. This is called procedural fairness/natural justice. I'm a tad annoyed that a supposed IR lawyer would give you such career killing advice. If you admit "mistakes" you give them ammunition to terminate your employment.

Secondly you need to highlight the fact that you are now doing 3 roles, instead of the 1 role you were originally hired to do. Make sure you take any paperwork that outlines your original role. Position Description, letter of offer, contract etc.

Thirdly, you need to question that processes they have undertaken form the start of the debacle to the end of it. Training in the new role etc.

Finally, you need to put the onus of explaining the reasoning of their actions back on them.

Maintain a professional demeanour. Be calm and precise in your responses. Stick to the facts and not get dragged into a tit for tat debate.

aldebaran3003
25-06-2012, 10:20 AM
Thank you all so very much for your replies. I deeply appreciate you all taking the time to provide advice.

I brought the meeting forward to Friday afternoon as I did not want this rubbish hanging over my head for a weekend. Not only did you all give very sound and accurate advice, you bouyed my spirits as well. And your advice came just in the nick of time and clarified my thoughts on the situation. I will fill you in on what occured.

Firstly though, I probably have been a little unnecessarily vague on my occupation. I am a medical scientist and departmental manager at a pathology service provider. My primary role (the one I am contracted for) is as a lab manager, with the additional uncontracted role as commercial accounts manager and the other additional role I am having to do until it is filled is commercial accounts assistant.

I agree QLD IR Consultant that admitting to a mistake I didn't make was poor advice and I didn't do so. I think my friend didn't understand the situation properly in that he thought that as the commercial accounts manager I am ultimately responsible for all errors that occur. However, as my wife pointed out, without a variation in contract officially making me the commercial accounts manager, I am not responsible for others mistakes. And none of the correspondence ever made it to my inbox.

Tiger, that was gold.
Absolutely Bob doesn't like me. He never has, but I don't think he likes anyone unless they can fastrack his career path. Similar happend to a colleague about 6 months ago, where Bob hounded and bullied him until a verbal altercation occured resulting in the colleague walking out and resigning. And yes I believe he just wants me gone. Why? Well partly because it's a personality clash but also because he is his fiancee's direct supervisor and he wants her as the commercial manager. Who knew pathology would be so cut throat.

So, it turned out not to be disciplinary action but an "investigation" into what happened. I've never seen HR involved in an investigation into the processes of what's occured unless further action is planned. And I've seen much worse occur without ever going to HR.

I stated my case that the correspondance had never come to me. I document everything in my work diary so when Bob asked if I had seen follow up correspondence sent to Ben on a certain day, I was able to bring out my diary and state I had been out of the office since 8am visiting surgeries and labs until 5pm, then at a work conference until 9pm and the email had not been forwarded or copied to me. I think it was pretty clear it was unjust action. I also stated I had not been contracted to do this work, (I am under a wage not a salary and subjext to FWA) and have been doing 3 jobs. The HR manager recognised several problems that need addressing and said she would need to have a separate meeting to address those problems and grievances.

My advocate and I were both happy with the way the meeting went as I could air my grievances and hopefully have some positive outcome. I'm not counting on it and I've unfortunately hit the ceiling where I am but I can remain positive that the process has been fair and I will gain some resolution.

Thank you again. If nothing else I have regained some self respect and dignity in this process, especially due to your input. I'll keep you informed in this thread of any developments.

Qld IR Consultant
25-06-2012, 10:37 AM
Sounds like an excellent outcome...One final piece of advice from me though, watch your back. If Bob wants you out, he won't stop till you are.....

Neb-Maat-Re
25-06-2012, 12:29 PM
If Bob wants you out, he won't stop till you are.....

And having recently dealt with my own "Bob", now he'll be really gunning for you.

aldebaran3003
11-07-2012, 11:48 PM
Well here's the update. After the "investigation" I was called back to HR a few days later for another meeting with my manager and HR. He decided that my conduct in this debacle constituted a written warning. I argued that I had not been involved in the communication, other managers who were involved in the communication were not even aware that I could be contacted in relation to the quote, and finally when the follow up email was sent to Ben (and not copied to me), I was out of the office for 15 hours working for the company. I was not invited to bring a support person so I didn't, as I did not know what was occuring.

I'm flabergasted. So much for procedural fairness. But here's the best part. It was a first and final warning. For not providing a quote. Really?? And it wasn't even me. No date for review in the warning. I'm still flabergasted.

So I'm still stuck doing the job of 3 people, working 10 hours a day, without a lunch break, tea break or even a pee break, getting paid for 7.6 and all the O/T just gets wiped off the time records, (we're on chronos so it's digital) no TOIL. I've never been a union member, but all this has spurned me to join, just in case.

Cottoneyes
12-07-2012, 09:33 PM
I've never been a fan of unions either, but similar situation with my last employer almost pushed me to join them as well.
No job is worth that much grief though, update date the resume and make seek.com (or similar) your friend, and start working your networks

Neb-Maat-Re
13-07-2012, 07:47 AM
Be cautious - some unions won't automatically assist you if you only join after you get in trouble. They may assist you, but at an hourly rate over and above your membership.

Tiger
13-07-2012, 11:38 AM
I am sorry to hear this but what it does suggest is that you are working in a dysfunctional organization and therefore you need to consider whether you want to continue to put yourself in this 'abusive' environment and lose your self respect and maybe ultimately your health and who knows, your family life as well by remaining there.
As someone who has seeen my fair share of unbelievable behaviour in some bad organizations over the years, there is a point when you just have to admit "I don't have to take this sh..".. "I am not the one at fault here", "I am in a no win situation" " the reality is it is unlikely to change".

Time to go -- believe me there is always another door opening when one closes - you just don't see that at the present time but you will. Get out as soon as you can.

Qld IR Consultant
13-07-2012, 12:15 PM
Most unions have a joining in dispute policy which means you pay a years dues up front. Pointless really to be honest. I'm with the others, its probably time to go. And once you go make sure you don't sign anything when you leave......