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Federal Court decision a win for performance management

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HC Online | 17 Apr 2013, 12:00 AM Agree 0
A recent Federal Court decision has reinforced the sentiment that HR professionals needn’t fear that legitimate performance management will be interpreted as adverse action or bullying by the courts.
  • Bryan Cook | 17 Apr 2013, 03:47 PM Agree 0
    I'm finding that organisations are getting better at defining to their employees what is bullying, but they're not great at educating them in what isn't bullying - which results in a lot of unnecessary complaints around perfromance processes.
  • Bernie Althofer | 18 Apr 2013, 10:09 AM Agree 0
    It seems that there continues to be a struggle in understanding what are and what are reasonable management actions, and what is meant by the 'reasonable person' test.

    It also seems that whilst some organisations are improving their responses in relation to various forms of counterproductive workplace behaviours such as bullying, others seem to 'fear' having the discussion or even trying to discover the extent and frequency of incidents.

    It also seems that in times when there are budgetary restraints, training is the first area to be cut, yet in the overall scheme of prevention and detection, this is where the most beneficial changes can start. In reality, changes in relation to workplace bullying are occurring on a daily basis, and some organisations do not have the systems or processes in place to maintain currency of knowledge.

    Some organisations have even removed their 'front line' i.e. harassment referral officers, so that might increase the level of risk exposure, or even ability to provide front line training or awareness sessions.
  • Julie Cork | 20 Apr 2013, 01:13 PM Agree 0
    In our experience, the reluctance of organisations to follow through with providing feedback about and taking corrective action in relation to unsatisfactory performance of their people remains THE major challenge. In the face of accusations of bullying, the lodgement of complaints or just plain hostile responses managers (at all levels) and HR areas alike tend to go to water.

    This will be a helpful case to try to bolster confidence and resolve.
  • Vicki Pearce | 22 Apr 2013, 11:37 AM Agree 0
    Whilst it is essential every organization implements & practices comprehensive, legitimate Performance Management systems, for them to work effectively, it is critical they are fully embraced, supported & acted upon by every level of management in the organization.
    Unfortunately, without this support, Performance Management is nothing more than 'lip service' & there are many companies currently suffering the damaging effects.
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