Recent WRC Industrial Relations Recommendation Highlights Key Lesson for Employers
A recent Workplace Relations Commission Industrial Relations recommendation provides a useful reminder for employers dealing with performance management concerns, workplace complaints and allegations of bullying.
Ormonde Solicitors recently represented a respondent in an Industrial Relations dispute brought by a former worker.
The names of the parties have been kept anonymous, which is particularly important in Industrial Relations recommendations.
The dispute involved allegations of bullying, performance management concerns, internal communications, leave, TOIL, expenses and the handling of workplace issues.
Following the hearing, the Adjudication Officer made no recommendation in favour of the worker.
Performance Management and Bullying Allegations
One of the central issues in the recommendation was the distinction between legitimate performance management and bullying.
The respondent had sought information relating to work documentation, internal systems, attendance, availability and other operational matters.
The recommendation noted that these were requests for information, some of which related to important recording and safeguarding issues.
The Adjudication Officer found that the respondent was entitled to manage the worker’s performance and that this did not constitute bullying.
This is an important reminder for employers.
Employees may not always agree with feedback, questioning or management intervention. However, where concerns are raised appropriately, fairly and for legitimate business reasons, performance management does not automatically become bullying.
Why Process Matters
The recommendation also highlights the importance of process and documentation.
Where a workplace issue escalates, employers may later need to show:
• What concerns were raised
• When they were raised
• Why they were relevant
• How the employee was asked to respond
• What records were kept
• Whether complaints or grievances were addressed properly
• What steps were taken to resolve the issue
In this matter, the respondent’s records, attempts to engage with the worker and efforts to have concerns investigated were important.
Handling Workplace Complaints
Another key feature of the recommendation was the respondent’s attempt to have the worker’s grievances investigated.
Employers should take complaints seriously, even where there are also concerns about the employee’s own conduct, performance or engagement.
A clear investigation process can help protect both the employee and the employer. It also demonstrates that the employer is making genuine efforts to address workplace issues fairly.
Lessons for Employers
This recommendation is a useful reminder that employers should not avoid managing performance out of fear that difficult conversations may lead to allegations of bullying.
However, those conversations must be handled carefully.
Employers should ensure that:
• Performance concerns are raised clearly and professionally
• Employees are given an opportunity to respond
• Meetings and follow-up communications are documented
• Grievances are handled through appropriate procedures
• Managers understand the difference between robust management and inappropriate behaviour
• Advice is taken early where matters become sensitive or contentious
How Ormonde Solicitors Can Help
At Ormonde Solicitors, we advise and represent employers in workplace disputes, including grievances, disciplinary matters, bullying allegations, performance management concerns, workplace investigations and WRC claims.
Early advice can help employers manage issues correctly from the start, reduce risk and avoid unnecessary escalation.
If your organisation is dealing with a difficult workplace issue, our team can help you put the right process in place.
📞 Contact us today for confidential guidance.
Disclaimer: This article is for general information purposes only and does not constitute legal advice.
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