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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22813
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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As an employer in a small business (10 employees). On going

Customer Question

As an employer in a small business (10 employees). On going problem with 1 employee, bullying, Not a team player, No respect for employer. work rate down & 2 other employees wanting to leave business. Any thoughts? Sue.
JA: Can you tell me what state this is in? And how long has this been going on?
Customer: Going on for about 18 months. Very bad feeling in workshop now, nobody talking.
JA: Has anything been filed or reported?
Customer: He has had a verbal warning over the bullying, it stop but the other employees wont forget what happened
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 8 months ago.

In a situation like this you need to start a formal process of warning. The usual process is that you must 1st have a formal meeting to discuss the problems. You should invite this person to bring a support person and tell them that you want to discuss bullying, no team work and no respect plus workrate. You can then give him a verbal warning to improve. You should tell him he has a period of time such as 2 weeks to do better. Then in 2 weeks, you can schedule another meeting, again with a support person, to discuss progress. If there is no change, then you can give him a written warning to say that he has a further period, perhaps another 2 weeks to improve, but that if he does not do so then his job will be at risk. You should also ask if there is any training or other support to assist with improvement of his attitude and workrate. If after these 2 warnings his attitude does not change, you should then tell him that you have given him sufficient warning of his problems but that you now want to dismiss him. This may seem like a lot of bother, but is the accepted process to get rid of someone who is not performing. And of course, with the warnings, he may improve which would also solve the problem

Customer: replied 8 months ago.
Does seem like a lot of bother! he does not need any further training constantly telling other tradesman how to do their job. Hope that by the time we put this process in to place all our other employees have not left our employment because of his work ethics.
Thanks Sue.
Expert:  Chris The Lawyer replied 8 months ago.

The training may be in inter personal relationships. and if he refuses that would be further ground to eventually let him go

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