Through my consulting and mentoring work and from reports from members of my CEO Institute syndicates, I have been hearing of a surge in workers’ compensation complaints alleging bullying. Without exception, these complaints are from staff involved in performance reviews.
It has been repeatedly suggested that when some staff are counselled about their sub-standard performance and ways to improve, their immediate response is to allege bullying and to go on stress leave. This practice is particularly evident in public service departments and universities, but seems to be spreading to the private sector.
Employers in Victoria, Australia have another major concern related to this upsurge – their insurance companies are not prepared to defend the cases on the basis that “it is just not worth it – it is cheaper to settle”.
Not only is this approach from insurers unethical but it also imposes higher costs on employers because they will be hit with increased premiums because of their ‘claims history’.
What can be done in such situations?
Employers need to take their insurers on – demand that they fully investigate claims – get second medical opinions, interview other staff etc.
Employers should also be careful that performance reviews are carefully planned. The formal review meeting should not be the first time that performance issues are raised. File notes need to be kept of the formal review meeting and other discussions on performance, along with details of the poor performance.
As with termination meetings, it may be advisable to have another person present as a witness – but might this itself be viewed as bullying??
There might also be the need for legislative change in this area. Employer and industry associations will need to monitor the situation and press governments for action should this trend continue.
