In this episode I take a closer look at handling performance issues and misconduct in the workplace from the perspective of a lawyer who is an expert in this field. That expert is Gabrielle Sullivan, Director of Employment Law & Investigations at BAL lawyers.
Gabrielle has been practising in this field for over 20 years, acting for both employers and employees and has experience working across all levels of government as well in the private and the not-for-profit sectors.
We discuss a range of issues including
What things people do, or maybe don't do, when handling a performance or misconduct issue that could have potentially stopped it getting to the point of needing to call a lawyer.
The difference between managing underperformance and handling allegations of misconduct in the workplace, and how the two can sometimes get confused.
Patterns that can emerge once there’s been an allegation of misconduct, or possibly in the final stages of a performance management process, and what might constitute best practice as the processes get more complicated and potentially multiple.
Common mistakes that are made when investigating allegations of misconduct or underperformance.
I also ask her about bullying and we explore what managers and human resource professionals need to know, or be mindful of, in understanding what is “reasonable management action.”
There are a couple of places where we focus specifically on public sector employment as that's a big part of her practice.
If you're interested in building the capability of your leaders and managers to have effective performance discussions and move away from a box-ticking exercise to create more engaged and productive teams, feel free to contact me.
I run a series of short (60 to 90 minute) interactive sessions that provide bite sized insights and actionable strategies for leaders and managers, allowing for practice and reflection between sessions, maximising learning outcomes while minimising people's time commitment.