Managing performance isn’t bullying . . . Provided it is reasonable

A recent FWC case (Application by Josh Whiteford [2024] FWC 552) has once again endorsed the position that managers carrying out legitimate and genuine performance management techniques including issuing a warning to poor performers is not bullying.

Significantly, Schneider C in finding no bullying occurred identified the subtlety and practical nuances of personality and individual communication styles stating

“It is not uncommon in the workplace that managers will have different styles in how they manage performance concerns of each of their individual employees. Such differences in management style, much like differences in personality, can give rise to upset in employee’s who, due to their own personality and reaction to feedback, do not take well to a particular management style. Although good managers should strive to ensure their communication, with as many employees as possible, is tailored to reduce any such issues, the incompatibility of personality styles as a phenomenon within the workplace, and any resulting friction that can occur, does not constitute bullying under the Act.”

Our Take

Well said Schneider C!

We have long held the view that the majority of contested disputes are largely as a result of an inability to effectively manage differing personality and communication styles. Too often we focus any workplace conflict on the ‘what’ and not the ‘how’.

The single most effective way to reduce workplace conflict is to improve working relationships. That doesn’t mean that everyone has to be ‘best buddies’. It simply means that individuals should be genuinely aware of the impact their personality and communication style have on themselves and others and then effectively adjust them for the circumstances.

Action Items:

• train your workplace on any one of the available personality/communication style systems (DISC, Enneagram, Discovery Insights, Myers Briggs etc - choose the one that your people can actually understand and implement)

• encourage managers and direct reports to actively understand each other’s different personalities communication styles (ensuring reasonable accommodations are taken for neurodiversity)

• have regular ‘one on ones’ to manage performance rather than relying on formulaic and periodic performance appraisals

• train and practice civility (the ‘how’)

Edge Legal

Relationships. Respect. Results