PDA

View Full Version : Bullying and harassment



Frustrated
14-11-2012, 11:53 PM
Hi,

I find myself in the unenviable position of working in an organisation where a staff member has alleged 'bullying and harassment' as part of a workcover claim. The problem I have is that while no individuals have been identified as the 'perpetrators' of the bullying/harassing behaviour it has reached a point where we have an external investigator coming to 'investigate' the claim. As one of a number of staff who supervise this individual's work I have been advised I will need to speak with the investigator. Prior to the 'allegation' the staff member's performance was identified as being below standard and despite the organisation's best efforts to provide the technical and management support to bring the staff member up to the standard of performance required, the staff member has essentially spent their time (the last three months) taking periods of leave (sick, carers, annual, TOIL etc) and on the rare occasion when in the office performing the minimal amount of work required.

The staff member has received nothing but support from the organisation in various forms: at least 60 hours of professional development training in attendance at various pan-Australia conferences, individual weekly mentoring sessions with a senior technical expert, fortnightly team meetings in collaborative and consultative environments etc. This is over a period of ten months, six months of which the individual was working 0.6 FTE.

It has reached a point where, for those involved in having to provide any kind of supervision of this individual's work, there is a great deal of apprehension and nervousness as there is now a fear that anything that could be said as part of feedback could be interpreted and presented by the individual as 'targeted bullying'.

The whole situation, which has been on-going for the last six months, has been incredibly demoralising and traumatic for those staff who have had to be involved. Outside of this individual the rest of the staff, as far as I'm aware, work well together in a collegial environment and have a common interest in pursuing the objectives of the organisation. This in itself I would see as being testament to the quality of staff employed at the organisation as they face a daily environment of challenges that could easily become overwhelming yet despite the pressure staff interact and engage with each other in a professional and caring way.

As I have at no time been provided with the details of the 'allegation' except being advised that no specific individuals were identified as being perpetrators of the bullying/harassing behaviour, I'm feeling as if I'm about to stand trial for a perceived offence which can't be articulated. Given the level of support that we've provided to this individual I'm also no longer sure how we can continue, as a team, to work with them after having to be subjected to external investigation. An internal investigation has already been conducted, again without any allegation against any particular individual being made. The finding of the internal investigation was that there was no evidence of any behaviour that could be perceived as bullying or harassment.

I'd be most grateful to receive advice about how this situation should/could be managed and suggestions about how to keep a team functioning with a team member whose views of their work environment differ significantly from everyone else. Having endured the internal investigation, which came out of the blue, and thinking it was water under the bridge and the team was reuniting, to have this next investigation to deal with has made me feel so depressed by the whole experience that I just want to burst into tears and because this has been on-going for the last six months I feel tempted to resign. I no longer have faith that my leadership skills are strong enough for me to be able to 'turn the other cheek' (despite no allegations being made about me) and to act as if it is business as usual and to treat this individual as I would any other member of the team.
Thanks.

Qld IR Consultant
15-11-2012, 01:12 PM
First off based on what you've posted, and without direct knowledge of anything, i'd say you have nothing to fear. Investigations can be quite taxing on both parties but at the end of the day you need to realise that as long as you feel you have done everything you can than you have nothing to worry about. My first question is who authorised/requested the external investigation?

It seems by the sound of it that the employee has mistaken "managing" for "bullying" which is a common mistake, both deliberate and unintentional. You shouldn't feel the need to resign from your job at all, and you should be concentrating on ensuring that the team who is at work is pulled together. The employee has made their choice and it is now up to Workcover and your managers to sort it out.

To many times I have seen workcover used as a crutch for those who just couldn't be bothered.

In terms of the investigation, regardless of who is conducting it, just answer the questions that you can answer. If you can't answer it 100% truthfully or accurately than don't answer it. If the investigator is any good they don't want assumptions or maybe's, they want facts. Finally if you feel uncomfortable during the interview than you are within your rights to terminate it and have it rescheduled at a time when you can bring a support person.

Don't be suckered into thinking that your on your own.....I've seen investigators do that as well......

Good Luck!!

Frustrated
20-11-2012, 09:02 PM
Hi,

many thanks for the response. Unfortunately I had some computer problems which prevented me from replying earlier.

I'm grateful to know that I shouldn't have to try to speculate over what might be prompting the individual's feelings of being bullied etc. I've also sought further advice from our HR team who have advised I can take questions on notice if I need to trace down specific email communication etc.

The investigator is apparently from our insurer. My understanding is that the claim has gone to them but they are coming to seek further information from us before making a decision about the claim. I imagine the trigger for them wanting to speak with us was their receipt of the individual's claim cover.

I'll try to keep my chin up for the others on the team.
Thanks again.

Tiger
21-11-2012, 08:08 AM
I second comments of Qld IR respondent. I would look on this 'investigation' as a positive - after all it is an opportunity to put the facts of the case to the investigator - facts they need in order to assess the case and the validity of the claim. It should serve to flush out the substance, if any, of the claim and if, as you suggest, it is questionable, then put it to bed.
This employee is not unusual (sadly) - many of that kind milk the system for all it's worth and performance managing him out of the business should be your ultimate aim once this dies down. A robust performance plan, well put together and executed in a proper and professional manner which can't be faulted should have the desired effect. As you say, morale is poor, so this does need to be resolved.
What I find really odd about all this is the lack of named perpetrator(s) of the alleged harassment. I suspect it's just a case of this employee trying every angle he can to continue being paid for doing little.
My final point is you (the company) has a duty of care to all your employees so resolving this matter as quickly as reasonably feasible should be your aim. Good Luck

Tiger

desbrooker
21-11-2012, 08:30 AM
I second comments of Qld IR respondent. I would look on this 'investigation' as a positive - after all it is an opportunity to put the facts of the case to the investigator - facts they need in order to assess the case and the validity of the claim. It should serve to flush out the substance, if any, of the claim and if, as you suggest, it is questionable, then put it to bed.
This employee is not unusual (sadly) - many of that kind milk the system for all it's worth and performance managing him out of the business should be your ultimate aim once this dies down. A robust performance plan, well put together and executed in a proper and professional manner which can't be faulted should have the desired effect. As you say, morale is poor, so this does need to be resolved.
What I find really odd about all this is the lack of named perpetrator(s) of the alleged harassment. I suspect it's just a case of this employee trying every angle he can to continue being paid for doing little.
My final point is you (the company) has a duty of care to all your employees so resolving this matter as quickly as reasonably feasible should be your aim. Good Luck

Tiger

I, too have been there. I was appointed as HR and Admin Manager, and I had a part time admin employee who came to work when she felt like it, did next to nothing when she was here and when she decided not to come didn't bother contacting us. When I chose to raise a number of performance issues with her, she promptly went off on Work Cover for stress. I contested it with the insurance company who chose to use an external investigator who interviewed myself, my GM and my fulltime admin officer. Unlike you I didn't have the support of some of the other staff and a couple took her side (similar work place issues with them too). Stick to your guns, tell the investigator how it is. I can't see that you have done anything wrong. Like the earlier comments, some people like to play the 'hard done by' card as an excuse for not doing their jobs. You seem to have done everything correctly and should not be afraid of an investigation. Good luck.