Last year’s GFC saw an increasing number of false and exaggerated bullying claims, as workers employed tactics to avoid redundancies, by diverting negative attention to their colleagues and managers. Added to this, bullying is considered to be detrimental to a worker’s health and safety, yet bullying is not defined in any state or federal workplace safety legislation, excepting South Australia, while Queensland has a Code of Practice specifically for workplace bullying called The Prevention of Workplace Harassment Code of Practice, 2004.
As an employer, it can be a daunting task dealing effectively with a bullying case, which can be further complicated by evidence suggesting that the claim may be false or exaggerated.
The first step is to take the claim seriously and investigate thoroughly, regardless of whether it is thought to be a true claim or not. As discussed in a prior article “Why can’t we all just get along” (http://www.theeigroup.com.au/?p=580), a thorough, unbiased and timely investigation needs to be conducted, regardless of the preconceptions about the validity of the claim.
For example, the importance and strength of the investigation becomes particularly apparent in a case where an employee has been the subject of performance management and then makes a claim that it was an act of bullying. Whilst it is easy to dismiss this as a retaliatory tactic by the employee who has taken offence to having their performance short-comings being addressed, it is still necessary to treat the claim seriously and investigate the claim in line with your company’s policies and procedures.
Upon reaching a conclusion, this needs to be communicated to those involved and any necessary action taken to remedy the situation. An employee found to be making a false claim of bullying may genuinely feel they have been bullied due to a miscommunication or their own skewed perception of the situation. In such cases, it is important to re-affirm the fairness of the original performance management and the investigation taken to reach the conclusion that the claim cannot be substantiated.
From an employer’s perspective, it may seem easier to either ignore and disregard claims and instances of bullying or conversely cave into an employee’s claim of bullying with the aim of avoiding a difficult workplace situation. By taking each instance seriously and investigating thoroughly, at least you put yourself in the best position to come to a correct conclusion and apply appropriate action. It is highly advisable that all employers have a Bullying Policy in place. This should be communicated and available to all staff clearly defining what bullying is and is not and that bullying in any form is not tolerated in the workplace.
