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WA Workplace Bullying by Superintendent - What To Do?

Discussion in 'Employment Law Forum' started by Cameron Harvey, 9 September 2014.

  1. Cameron Harvey

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    At work, I am being managed out by my superintendent. He has made allegations that I am not performing my job, am aggressive both verbal and physical. I now must report to him and HR every 3 weeks to go over my performance. These workplace bullying allegations are totally untrue. How can I word it that I reject all allegations and want to cease with these meetings ?
     
  2. AnnaLJ

    AnnaLJ Well-Known Member

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    Hi Cameron

    Has the superintendent formally advised you that this is a performance management process?

    If he/the company were following their legal requirements on this, then they should be giving you some goals/targets you must achieve and be meeting with you regularly to discuss whether you have achieved them or improved in the specific areas they say need improvement. Is this happening? It would be called a 'Performance Improvement Plan' or something similar.

    Also, have they been giving you records of discussion to sign during these meetings? As I would not be signing these discussions if you do not agree with the content of them.

    If you strongly believe the allegations are not true then there is a chance this is leading into bulling & harassment territory. The Fair Work Commissioner deals with issues related to bullying and harassment in the workplace and management action that isn't carried out in a reasonable way may be considered bullying and harassment.

    I would be keeping written records of each of these meetings and what is discussed, and perhaps request that a Performance Improvement Plan be developed that complies with the Fair Work Act as that's the only legal way they should be performance managing you.

    Please keep us updated with how you go.

    Anna
     
  3. Cameron Harvey

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    thankyou Anna.Yes they made me sign a performance improvement agreement.My alleged aggressive voice was only " perceived to be"I'm Scottish and have a deep voice .I take this as a rather racist attack on my accent .I have a meeting again tomorrow 10/9/14.I will take notes and keep you informed.thanks again
     
  4. AnnaLJ

    AnnaLJ Well-Known Member

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    Hi Cameron

    It does sound like they're following the law then in terms of going through a proper performance improvement process. However, if the actual content of that process/review is not accurate then they're doing the wrong thing by you and acting contrary to your employment law rights.

    If you feel comfortable doing so, I would bring up the point about your Scottish accent so that you've at least raised the potential of discrimination early on in case you need to go down a discrimination path later on.

    Best of luck
     
  5. Cameron Harvey

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    Just about to have a meeting with them now.brought up my accent lay time .will keep you posted
     

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