Reasonable Management Action

Article supplied by HR Business Assist

Reasonable management action refers to actions taken by an employer or manager to direct and control work, manage performance and address misconduct.  HR Business Assist understands the concept of reasonable management action may be complex, as legal implications for employers may arise if actions are not considered reasonable.  With that being said, this article will explain what is considered reasonable and what is considered unreasonable.  However, if you are ever in doubt we recommend you seek advice from a HR or legal professional.

As you may be aware, a worker may feel bullied when an employer or manager takes performance or disciplinary action.  However, if this action has been carried out in a reasonable way, the law does not define it as bullying. 

Reasonable management action may include, but is not limited to:  

·            Commencing the performance management process (including issuing a performance improvement plan);  or

·            Taking disciplinary action to address misconduct;  or

·            Informing an employee their performance is not satisfactory;  or 

·            Informing an employee their behaviour at work is not appropriate;  or

·            Asking an employee to perform reasonable duties as part of their position; or

·            Investigating alleged misconduct.

However, it is important to note employers and managers often times still use these processes or actions inappropriately.  Therefore, it is important that employers and managers follow best practice approach and ensure their actions are reasonable.

Determining whether management action is reasonable requires consideration of:

·            The circumstances that led to and initiated the need for management action;

·            The circumstances while the management action was being undertaken; and   

·            The consequences of the management action.  

It is important to note that any unreasonableness must arise from the management action in question, rather than the employee’s perception of it.  

Unreasonable management action may include, but is not limited to:

·            Using disciplinary processes excessively (i.e. performance managing an employee because they were late to work once or twice); or

·            Conducting a disciplinary meeting without providing the employee with notice; or 

·            Excessive surveillance or micromanagement of an employee without valid reason (i.e. standing over an employee for regular or extended periods of time to observe their work);  or

·            Criticising an employee or threatening to dismiss an employee in front of their work colleagues; or 

·            Intentionally embarrassing or belittling an employee; or

·            Conducting an unfair workplace investigation into an alleged incident (i.e. not providing an employee with a fair opportunity to respond to the allegations); or

·            Adverse action.

Employers may wish to undertake the following, to safeguard themselves and minimise risk:

·            Implementing clear policies and procedures for managing employee performance, conduct and grievances;

·            Providing training for managers and supervisors regarding reasonable management action;

·            Seeking advice from a HR or legal professional prior to carrying out performance or disciplinary processes; and 

·            Documenting all management actions, including performance reviews, disciplinary processes and workplace investigations.

We understand the concept of reasonable management action may be complex and difficult to understand.   Not to fear though, HR Business Assist can help you!  Contact the team today!

P 1300 138 551 | E support@hrbusinessassist.com.au