WA Director Hiring Previous Boss as My Subordinate - Employment Law Options?

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Johnny D

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12 December 2016
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I've been working at the same company for 8 years. Initially, I started as a junior manager and reported to the general manager of the department. The general manager left as he became bored and complacent, this reflected in his performance .

A year after his departure, I was promoted to the general manager position. I have done this successfully for 3 years. A junior manager has resigned and the owner is insisting that his friend come on board as his replacement reporting to me.

He is qualified but my concerns are, he got complacent and left the business in a state of disrepair, he was a yes man while he was in the GM role. You can be certain any conversation you had with him was reported back to the owner of the business, he used to be my boss and mentor, his friendship with the owner I believe is a conflict of interest.

I have raised my concerns with the owner who has said he is not a threat and will only improve the business and solidify the management team. I think there may be an ulterior motive.

I should probably add that his original complacency and performance issues were raised by me approx 6 months prior to his resignation. It was raised with the owner and subsequently in person with him directly explaining that his inaction and complacency were affecting the performance of other departments. He took it on board and actually thanked me Then 6 months later resigned. Since then he has been in the same Industry working in the same Middle management role which I am hiring for. Has had 4 Jobs in the last 3 years

Since learning of the preference of the owner to hire his friend I have been extremely stressed. I am uncomfortable with the prospect of having the owners friend working in the business again due to past history. The director has said that he would be my direct report. I am confident this won't happen and I will have an insubordinate manager. Furthermore due to his personal friendship with the director will be able to exert Influence and potentially misinform about the business and my management as this has been demonstrated by him previously.

He has not commenced employment however the director has given clear hints this is his intention.

Is there a legal way to handle this under employment law? Should I document all conversations? What should I be aware of in future in terms of my employment rights to ensure that they aren't violated?

Should I put something in writing to the owner detailing my concerns to ensure he is aware?
 

Rod

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27 May 2014
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This is not a legal issue. There is no law saying you can't hire incompetent or lazy people or people who are friends. It is standard business practice in the corporate world for a new CEO to bring in people he has worked with before.

And yes, you should document most interactions.
 

Johnny D

Member
12 December 2016
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Thank you for your reply. As I've made my feelings known to the director and have said I am uncomfortable with this outcome. Could this potentially be seen as constructive dismissal if he insists on this course of action despite other suitable candidates applying?
 

Rod

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27 May 2014
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Unlikely. And would have to wait to see how the situation develops.