Posts Tagged ‘Workplace’

Workplace Violence – Common Signs That Should Not Be Overlooked and My Solution

Tuesday, November 9th, 2010

Workplace Violence – Common Signs That Should Not Be Overlooked and My Solution

Tuesday, November 9th, 2010

Workplace Frictions – From acting to re-acting

Thursday, October 28th, 2010

Many say that the more eclectic the workplace, the richer the environment. That is indeed right, but dealing with eclectic workplaces is a huge challenge. Frictions, conflicts, sometimes even bully jeopardizes the workplace environment and ultimately the business itself.

 

When two employees disagree and you have a group divided between two opinions we can consider that healthy, but it never starts or finishes like that, and the results can be way more perilous than we could reckon of. Somewhat like when its just a petty thing like setting up a date of an event, or a title for an employee, or even worse, the color of clothes for uniforms. Does it sound familiar to you? I could be listing situations forever and you would be nodding and saying: Yeah, that happens all the time! But empathy is not all of the purpose of this article. There is more to it, it’s really about telling you that there is hope for conflicts in the workplace if handled properly. Let’s try some suggestions to start.

 

Understanding the personality character of your workforce may help. Statistics say that one in six people was bullied in the last six months, and usually once the person is bullied it plants the thought that it’s ok to proceed the same way with the others, and that is where the avalanche starts. Stopping it from hurting the company as a total is nearly impossible. It’s exactly like trying to stop an avalanche from the midpoint. It doesn’t work. The business starts to gain when the organization stops and tries to know the reasons behind the conflicts. Some say it takes time and the business doesn’t stop! I can’t agree more that is why investing in people is looking after a capital as well, a human one.  

So far, there is no legislation that would control and set guidelines for some conflicts, there is the workplace harassment which is evenly times ignored by some managers, but still, nothing compares to conflicts like bully which is very different from harassment. Usually the conflicts have an interdependence nature wherein a name’s job is affected by a name else’s duties. The closer you are the more affected you and your work will be. Then how can one handle the pressure of some conflicts since all we have left is common significance? And if common significance is the only way out, how do I know that my choices are among the best ones, once common significance varies from places to places and from people to people. Here is the hint: communication. Talk to your supervisors; don’t let the stress come to you. Let the management deal with it, and if it’s coming from your immediate manager, then try the upper management, and if most terrible case scenario things don’t progress, then you may consider working somewhere else.

 

Engaging in conflicts impacts the workplace negatively and should not be an option. Usually conflicts start upon a name’s disagreement and is carried forward, and when the parties involved engage in the game of emotions built around a touch that usually isn’t even worth a 30-minute discussion, it ends up hurting the organization frankly and ultimately reaches the clients, partners and suppliers. Thereof, bet on your capability of doing your work well and disregard all of the comments that would place your work down.

Non resolved conflicts abides on boundaries that were not set from day one, limits not respected, differences that were supposed to be used for the benefit of the organization now are its greatest enemy.  As a result of it the organization experiences decrease of productivity, increase of turnover rates, high rates of absenteeism, attempts to sabotage of work, decrease in the morale and motivation all leading to terrible business. One vital information, in the US 85% of terminations are due to personality conflicts. It would not be a lie if implied that rates alike happen in other countries as well. Disagreeing is healthy, bullying is not acceptable. Acting and re-acting over conflicts is ‘the route’ for excellent business, otherwise companies will have to behold their human capital be tore apart.

 

Employment Law Can Tackle the Bully in Your Workplace!

Saturday, September 4th, 2010

A recent Court of Appeal choice regarding the Protection from Harassment Act has made it tougher for employees to bring the likes of bullying directors and senior managers to justice. This, but, does not mean that companies should shy away from taking a hard line against bullies in the workplace, particularly those who hold a measure of authority – those in senior or management spot, for instance. Many Employment Law specialists are now in agreement that the Court of Appeal has in fact made it more hard for staff to stand a chance of winning a bullying claim with their newest ruling. But, despite this, employees still have plenty of options when it comes to bullying claims, so the ruling does not mean that companies can simply sit back and do nothing in the hope that the issue will disappear into thin air. Excellent legal advice to companies would recommend that it is elemental that you investigate and record all complaints and subsequent action thoroughly and interview everyone concerned, otherwise it is the company that could be on the receiving end of a claim, and not the person who is being held responsible. A test case two years ago found that an employee could successfully claim bullying under the Protection from Harassment Act if they could verify incidents had happened on at least two occasions. But the Court of Appeal has since ruled that these incidents had to be ‘oppressive and unacceptable, amounting to criminal conduct’, rather than simply ill-tempered or inappropriate. Even if this can be seen to indicate that the courts are now taking a more robust approach in determining what is harassment in the workplace, there’s no room for complacency if allegations of bullying are made by staff. Complacency could be the difference between quickly disproving any allegations of bullying made by staff and entering into elongated, time-consuming legal battles. A excellent way to do this is to have an anti-bullying policy in place and make sure all staff are aware of it. If allegations of bullying are proved to be right, it could be seen as advisory to take disciplinary action against those involved – whether they are directors or shop-floor staff. If a boss is involved, make sure that your investigation is not viewed as a cover up just to protect a fellow member of the board. You must also ensure that the person who is investigating the case is at a sufficiently senior amount in the company for their events to be taken seriously. It is also worth paying fixed attention to updates and changes in the law, even if it is just by reading the paper and checking a couple of key websites for the most vital information, as the law is a touch which changes on a fixed basis. As anyone who has dealt with them knows, legal issues tend to be extremely complex and it is permanently, therefore, worth seeking legal advice from a sound company if you are in any doubt as to where you stand in relation to the current Protection from Harassment Act or, indeed, any other acts. This article is free to republish provided the authors resource box not more than remains intact.

Bullying in the Workplace

Saturday, August 14th, 2010

An brilliant article appeared in Vital Smarts (a newsletter by the authors of Crucial Conversations, and Critical Conversations. I highly recommend it for the Q&A they have every issue. The URL is www.vitalsmarts.com).

An issue or so ago they in print a letter from a school administrator who was concerned about what to do with one of their teachers who was a bully. They had heard that several staff were going to leave the school because of this individual, yet when they delved into the situation a bit more, none of the people who were complaining were willing to be quoted. This, the writer, said, made it impossible to coach the bully, or even hold her accountable with factual information about her events.

I thought their answer (the first part of it) was right on the cash, and I’ll share it with you. 

“When supervisors presume to expose an erring employee to the scourging experience of long-withheld negative pointer, we must do so with utmost caution. When a community colludes for a long period of time in sustaining a name’s distorted view of themselves, we stand to inflict enormous pain on this person who is suddenly dragged kicking and screaming from the cave into piercing daylight. The experience can ultimately be healthy, but it can also drive a name back into the cave if not handled appropriately.

I say this for two reasons.

First, I’d like all of our readers to reckon carefully about the committed hurt we do when we collude with others by withholding negative pointer for a colleague. When we allow colleagues to take up again for long periods of time with a distorted image of themselves, we set them up for profound distress in the long term—not to mention immediate ineffectiveness as they take up again their terrible habits.

Second, while I have no desire to absolve this teacher of responsibility for her abusive events, I want to temper the emotion that evenly accompanies long-withheld pointer. The longer we wait to confront others, the more toxic our emotions become. The other person continues to behave in the same way, but our emotions get hotter and hotter. Why? Our reaction to the first offense is the maximum amount of negative emotion we should attribute to that person. The rest of it that accrues over time is due to our own give up—our long-standing choice to deny the honesty we owe others.”The newsletter Q&A then goes on to suggest some steps to be taken to handle the problem.

The point that I thought was so vital, but so seldom made, is the “collusion” on the part of others which permits terrible behaviour to go on for a long period of time. We teach others how to treat us. If we do nothing about the behaviour of others when it negatively impacts us, then we bear some responsibility in having that behaviour take up again. As hard as it may be to read this, the fact is that for every bully who treats people terribly, there are victims who allow themselves to be abused.We have all seen or been in this situation. A staff member goes to the boss and complains about a colleague’s behaviour. When questioned if s/he had talked with this person to try and resolve the situation, most evenly the person has not done so. S/he wants the boss to fix it for her/him.

In situations where there is a considerable power differential (the bully is your boss, for example) then there may be no other sensible route to take than to complain to a name who has more power, organizationally, than the bully.

The topic of bullying in the workplace is beginning to appear more frequently with some researchers suggesting that it takes a higher toll, mentally, physically, and for the organization, economically, than anyone had realized.

We have an on-line bullying survey that may be of interest to you if you wish to determine whether bullying is an issue in your organization. Please contact me for further information.

 

© 2008, Pitsel and Associates Ltd.

Cyber Bullying And Workplace Harassment, Are You Guilty Of It?

Tuesday, July 27th, 2010

I read a very disturbing article in the Herald Sun newspaper yesterday. It had to do with a salesman who claims to have been a victim of cyber bullying. Harassment in the workplace can take many forms but this case is appealing because it was carried out by his boss via email. It is all too simple to fall into that trap as managers. We might be doing it even without realizing it but it’s vital to reckon twice previous to sending any emails of a disciplinary nature to your staff.

When I read this I was really reasonably horrified as this sort of thing has huge implications in Australian Workplace laws and I’m sure it has the same implications in a lot of other countries laws now as well.

Just to give you an thought of some of the emails this hand was sent by his boss: “Now that things are not going your way…..I can place forward these words-harden the f**k up. Don’t weep at everything that does not go your way” A further one, “I did not care that you did not take lunch break? As Gordon Gecko said “lunch is for wimps”. I take them but I am still working at 9.39 pm…constantly”. And perhaps the most terrible one: “You keep forgetting that the cash *** forks out for your salary comes from me-not some pensioner shareholder in Idaho. Given that, I demand you get results not f**king excuses. It is not personal it is just business”.

Honestly, this boss is the wimp not the hand he was abusing here. Given the workplace relations laws, wouldn’t you have half the brain to realize that this is nothing more than workplace discrimination? The statistics on workplace bullying by bosses is reasonably staggering. To quote the Australian Human Rights Commission, “In fact, in 2005 WorkCover (ACT) estimated the dollar ‘cost’ of workplace bullying saying, “The financial cost of workplace bullying to business in Australia is estimated to be between $6 billion and $13 billion a year.” This includes indirect expenditure, such as absenteeism, labor turnover, loss of productivity and legal expenditure”.  It also found that  the ’stereotype’ of the ‘bully boss’ was very real, with 72% of bullies being bosses, and 55% of those bullied being rank-and-file staff; and that with regard to turnover “40% of bullied staff voluntarily leave”. What a sad state of affairs! Are you one of those pathetic 72% of bosses? If you are it might be time to stop and reckon and perhaps even grow up!

I have seen cases like this over and over again in my years in management and believe me, the legitimate ones that make it to court, NEVER go well for bullying bosses. You could end up costing your company thousands if not tens of thousands of dollars in compensation and loosing your job to boot. Is it worth it for you or your company to behave like the boss mentioned at the beginning of this article? That case is obviously going to go to court and as the staff lawyer said in the paper, “It doesn’t topic if you are a janitor or a CEO of a huge four bank, there’s a difference between swearing and abusing a name”. It doesn’t topic how terrible you reckon some of your staff are, there are better ways to deal with issues than with threatening emails and the like.

In the end the bottom line is this. If you as a manager reckon that one or more of your staff members are not performing well, not getting results or are full of excuses, then do a touch constructive about it. Don’t be like that idiot boss we mentioned earlier. That is no way for a boss to behave or deal with his staff. In fact, for his stupidity and lack of thought, the hand he abused is probably going to cost him a lot more cash and it will hurt more because, as he said, “your salary comes from me-not some pensioner shareholder in Idaho”.

Workplace Bullying – Beat the Bully

Saturday, July 24th, 2010

Bullying isn’t just found in the playground. It happens in the workplace too. The working environment is very tough at the moment but the board still expect objectives to be achieved even if the headcount or other resources have been reduced. This puts extra pressure on people and bullying is evenly the result of that pressure.

Bullies aren’t permanently in senior positions; they can be found at any amount in a company. Sometimes people don’t realise their behaviour is bullying. Sometimes they do and that encourages them. If you are being bullied, or know a name who is, here are some tips to help you.

Top tips for beating the bullies

Keep a log. As soon as you realise you are being bullied, keep a diary to record all the details. Keep emails and a note of incidents.

Setting boundaries. It is hard but as soon as you encounter unacceptable behaviour try to place an end to it immediately. By allowing a bully to take up again you set a perilous precedent and it becomes more hard to stop it.

Give as excellent as you get. The workplace bully thrives off your dread of confronting them. A small word in a public place may really place an end to your workplace nightmare.

Maintain your relationships with other team members. Just because one person in the office is being unpleasant make sure it doesn’t jeopardise your relationship with other colleagues. Take up again to go to lunch or after work drinks with them. Fault to do so will isolate you.

Escalate the issue. A bully will normally pick on many team members. You need to flag your concerns to a senior colleague to find out if the bully has a history of this kind of behaviour.

Get support. If you are a member of a trade union, it will be an vital support mechanism right through this process. You may be able to go and see your HR team if you have one or some businesses have an Employee Help Programme in place and this may be a fantastic sounding board for you.

Keep a wider perspective. Make sure you have other things to look forward to outside work. Do not allow bullying to take over your life. Take up again with your leisure activities and your confidence will receive a much needed boost.

So bullying isn’t just found in the playground, sadly in the workplace too. By following the top tips above hopefully this article will help stop any bullying situation you may be in.

Employment Law – Workplace Bullying

Tuesday, June 15th, 2010

Workplace bullying has been with us ever since the advent of the Industrial Revolution. Fascinatingly in New South Wales the Office of Industrial Relations of the NSW Department of Commerce provides scant information about this anti-social workplace behaviour. Research indicates that workplace bullying is widespread and that it is more prevalent that harassment. What is also appealing is that in New South Wales there is no statutory definition of bullying. In point of fact Butterworths Australian Legal Dictionary is also mute on this point. The Law Society of NSW has offered the following definition of bullying: “Unreasonable and inappropriate workplace behaviour includes bullying, which comprises behaviour which intimidates, offends, degrades, insults or humiliates an employee possibly in front of co-staff, clients or customers and which includes physical or psychological behaviour.” Importantly, employees have a duty under Occupational, Shape and Safety laws to find out about bullying and take steps to prevent it. Under the NSW Occupational Shape and Safety Act 2000 an employer has an obligation to ensure the shape, safety and welfare of all employees and this extends to bullying. Employers also have a duty to take reasonable care for the safety of their employees at work. Essentially bullying is repeated inappropriate behaviour directed against a person by one or a number of other employees in the course of employment which could reasonably be regarded as undermining an individual’s right to dignity at work.
Bullying Behaviour
Bullying behaviour is not only restricted to employees but it may involve anyone with whom employees of the business come into contact in the ordinary course of their employment whilst at work. Bullying may be committed or passive, direct or indirect, physical or psychological but it does include:
- Unacceptable language and rudeness;
- Coercive behaviour directed against a name including their property;
- Unreasonable teasing;
- All forms of intimidating behaviour including physical assault or threats;
- Marginalising or ignoring a name;
- Any form of demeaning behaviour whether business or personal which serves to denigrate the individual being attacked;
- Abuses of authority.
What is not Bullying
Employers have the right to supervise, direct and control work and they have the responsibility to monitor workflow and gauge performance. They are entitled to set reasonable goals and standards including KPIs and deadlines which have to balanced against the responsibility to look after the shape, safety and welfare of their workforce.
The Consequences of Bullying
Different employees react differently. Bullying essentially may result in unwarranted stress, ill shape, incapacity to make choice, incapacity to work, depression, physical injury and more. Wherever bullying occurs there is the potential for legal action. There is a body of law which is developing which suggests that an employee can sue his employer for a breach of an implied duty of trust and confidence. Bullying and harassment seems to fit squarely written this. Employers need to exercise care!
General Legal Requirements
Legislation, Australian Workplace Agreements, Certified Agreements, Industrial Awards and the Common Law cover the field. Primarily Industrial, Occupational Shape and Safety and Anti- Discrimination Legislation applies to this area. In the latter bullying may sometimes involve harassment or discrimination where a person unreasonably picks on a personal characteristic such as race, sex, pregnancy, marital status, religious beliefs, disability or age which causes a further to feel embarrassed, humiliated, offended or intimidated.
Action
Bullying should never be tolerated under any circumstances. Employers can develop clear workplace guidelines, practices and policies to safeguard everyone. Reducing the risk of exposure to workplace bullying would help employers to satisfy their general duty of care to protect themselves and their employees.
Irrespective whether employer or employee where workplace bullying arises there is a legal exposure and the advice of an experienced employment lawyer needs to be open.