Dealing with Difficult People at any time can be a challenge, at work it can be even more challenging. To make it easier to deal with difficult people at work. Set boundaries and expectations from the beginning.
Dealing with Difficult People is all about how you start the relationship. Focus on behaviour that is productive and professional. Remember, ‘where focus goes, energy flows. So, be clear what you believe is, good and bad behaviour’. Also known as (misconduct). Document it and manage it!
Bad behaviour, in the workplace can be a matter of opinion. To ‘err is human,’ we all make mistakes, at times displaying poor judgement. So, we need to set clear expectations. To keep everyone playing in a manner you find acceptable. Focus on good behaviour and make it clear what is acceptable and not right from the beginning.
So, having the company vision, mission. And values statement as your business mantra of how ‘we operate around here’ it vital. Repeat it in all your documentation. And discussions. OK, there will be occasions. When unfortunately, we will all do the wrong thing. And have bad behaviour. How you deal with it will make all the difference in the moment. And in the future.
That is why, a company policy around performance and misconduct is necessary. A policy alone is not enough though. Document and follow the procedure associated with the policy. Further, you need to ensure every one of your employees knows the policies and procedures. And confirms their understanding with their signature. Also, it’s important that you check their understanding. By asking questions. And talking about it.
Make it clear up front what you consider to be bad or unacceptable behaviour. Thereby, providing you with a clear set of boundaries around acceptable conduct. This clarification will be your best guide for steering your employee’s behaviour. At work and when representing the business outside work. When consuming alcohol people’s behaviour can change. So making it clear. And understood what acceptable behaviour is will make a huge difference. To how you can respond to any incident.
The Following are two examples of bad behaviour. Cases that caught media attention. One resulted in a finding in favour of the employer while the other did not:
A Qantas pilot on a stopover had too much to drink. With colleagues as well as imbibing marijuana resulting in some questionable behaviour. Although he was a very good pilot with a long-standing track record of good behaviour. Qantas followed their policy and procedure. In its disciplinary action. Which resulted in the Pilot’s dismissal from employment.
The Pilot argued that it was unfair. And a “One off incident,” but the Fair Work Commissioner ruled in favour of Qantas. Finding in favour of Qantas. Because they followed their own policies and procedures. And conducted it in a fair procedure. The Pilot lost the claim of Unfair Dismissal. Because according to the Evidence he had chosen to intoxicate himself.
Another very interesting and complex case is Zeb Dewson vs Boom Logistics. Dewson argued his dismissal from employment was unfair. On the basis it was harsh and unreasonable.
Boom Logistics asked a consultant to investigate the work environment. On some of their sites. The consultant reported that the worksites were toxic. Rife with bullying and harassment. Posing a serious risk to the health and safety of the employees. Further, the consultant recommended addressing the issues. In various ways including relocating some of the employees. To other sites and taking disciplinary action with others.
The Company held a toolbox talk. On one of the problematic sites with the team including supervisors. At the meeting, management informed the team, that the toxic culture had to change. Further, that they would take actions to ensure it did change. After the meeting, a person informed one of the managers of an incident in which Dewson assaulted him.
There is a of detail in this case which I will summarise as follows:
It was the basis of this information that resulted in the employer dismissing Dewson. From their employment. It unfolded in the Fair Work Commission proceedings. While the commission accepted that Dewson had problematic behaviours. But also, the procedures undertaken by the employer were as problematic.
They were trying to remedy a situation they had allowed to unfold. But they went about it without a fair process. They did not investigate the allegations made against Dewson. Or the sequence of events of the alleged incident. They combined several incidents together. To form an opinion about Dewson. Rather than look at the facts and provide as much evidence as possible.
Also, there was an alleged ‘head butting incident’ at a Christmas Party two years before. That Dewson allegedly committed. But it was not address at the time it occurred. That incident alone, could have been grounds for his dismissal. For serious misconduct. If the organisation had investigated, it at the time of the event. And found it to be true. Because it was not addressed at the time. Dewson and other employees could get the impression that there were no consequences. And as a result, think that the behaviour was acceptable.
So, the Fair Work Commission found the Dismissal from employment of Dewson was not done the right way. This was despite the serious misconduct of Dewson which was not in dispute. This case highlights the importance of following procedural fairness. And taking a quick response on any deviance from desired behaviour. With a well-structured approach. That also follows the companies policies and procedures.
Follow a legal, acceptable and well-structured procedure. For a discussion about unacceptable behaviour. Also known as (misconduct). It is not difficult:
Having good quality procedures. And documentation in place makes disciplining an employee much easier.
- Invite the employee to a discussion as soon as possible. Outlining the purpose; to discuss the behaviour in question
- Allow the employee to have a witness present at the meeting
- At the discussion draw the employee’s attention to the specific behaviour. Considered to be inappropriate and reference the company policy
- Allow the employee time to respond
- Let the employee know what needs to change and by when
- Be specific about the time available for improvement to occur
- Let the employee know what the procedure will be from this point
- Document the discussion, have the employee sign it and placed on their file
- Let the employee know what will happen if the problematic behaviour continues. In other words, provide them with a warning
The above procedure is a fair and reasonable process. It depends on the nature of the behaviour, what the consequences will be. This information needs to be in the Company policies and procedures. Which each employee must be aware of. Have a documented policy and procedure in place. Make sure you and your employees follow the procedure. Especially if dismissal from employment is likely to occur. Or you risk an unfair dismissal finding.
Acceptable behaviour is subjective depending on the circumstances:
Often people are not aware their behaviour is problematic. Or that it has a negative effect on others. We are all guilty of saying or doing something that could hurt someone else. Without intending to cause harm. So, we need to have an opportunity to reflect. And understand the effect our behaviour might have on others. As well as how to improve.
For example:
One of my clients employed a variety of people from various countries. And different religions, and genders. As well as education levels. Within their warehouse operations and logistics. There was one group of South Pacific Islanders. That included Māori’s, Tongans, Fijians, and Samoans. As well as others of the South Pacific Region. They all played Rugby. And had friendly rivalry. Often, they would play a social game of pass the Rugby ball. Outside the Warehouse during breaks. And on down time. They would yell out to each other things like: “Pass it to me you blxxdy Coconut. Or Oye you Black Bastxxxd and similar expressions with none of them taking offence.
As the acting head of Human Resources Management at the Company. It was my role to pull them to one side and explain why this practice was not acceptable. They represented the Brand of the Company, often wearing T ’Shirts with the Company Logo on. Also, they were outside the building and known to work there. Plus, we often had visitors. Such as clients and supplier who would not be aware of the friendly rivalry and lack of malice in the shouts.
We agreed that during lunch time they could go across to the nearby park. And play but change out of their clothes with the log on. Also, we agreed that what they said outside of work was their business. But not when they were wearing the company Logo on their clothes.
In conclusion:
The best way to handle difficult people at work . Or difficult situations. And following the law. Is by making it clear upfront what is and is not acceptable behaviour. Get everyone in your business clear about the ‘company culture code’. The behaviours that are acceptable. And those that are not. With well written policies, and procedures. That are in use and everyone is aware of.
Do less discipline and more rewarding! It is the age old, ‘Stick and Carrot’ routine. It is well known that humans respond better to a Carrot or a Reward than a Stick or Punishment. So, make sure your employees know you pay attention to their behaviour. By talking to them often and as soon as possible.
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