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Bullying & HarassmentDecember 15, 2014
A childcare worker who claimed they had been bullied from their employer, along with being yelled at and inappropriately questioned about her sexuality from another colleague, has lost her case under the Fair Work Act for an anti- bullying order.
The employee, who worked at a childcare centre for a number of years, felt she was wrongly treated by her employer and lodged a complaint that she had been bullied under the Fair Work Act.
It appeared that there had been a number of incidents where conflict had arose between the childcare worker and her employer. One example was she received a written warning for leaving wooden steps where children at the centre could climb up on them and fall.
Commissioner Nick Wilson had found that there had been a “history of interpersonal conflict” between both parties, however, he did not believe it could be classed as bullying.
From the evidence presented during the case Commissioner Wilson thought that both parties “probably did not like each other, and may even have been mutually hostile towards each other.”
The commissioner recommended that the employer adopt and follow a performance management process that ensures early judgement about poor, or less than satisfactory behaviour is clearly documented. This is to ensure all employees of the childcare centre understand poor performance versus respectable performance.
From this case, it is a he said, she said argument and leaves both the employer and employee frustrated with no clear outcome. It is important that all employers document all performance managements appropriately to ensure all parties involved understand their expectations within their roles and what is acceptable and not acceptable.
If you feel that one of your staff members are not performing to your expectation and would like to discuss the best way to manage this within your workplace, please contact us on 1300 651 415 or fill in the form below.
*information sourced via Workplace Express.