What should I do about an employee who is causing conflict?

Employee misconduct can lead to distractions or even safety issues in the workplace if it is mismanaged or ignored by the employer. This month’s Dear Deirdre – HR Agony Aunt from BeyondHR looks at how employers should approach a situation where an employee is causing conflict at work, why informal processes should happen first and what could happen if it becomes formal.

Dear Deirdre,

I operate a small cafe in the north coast, and one of our employees has been constantly disrupting workers, causing arguments and making threatening comments.

The employee tends to blame their behaviour and actions on the other members of staff and claim their behaviour is due to issues in their personal life. This is producing problems with customers who are waiting for servers, poor reviews online and a lack of unity in the kitchen. I have tried addressing the issue with the employee, but I have been met with no improvement.

How can I begin a formal process?

Team Leader – Restaurant North Coast

Dear Team Manager,

It is common for places of work to have a mix of personalities which may sometimes lead to disagreements between employees. However, this should never escalate to become violent or threatening and instead should be addressed and discussed as soon as it is noticed to reach a solution.

Speak With The Employee

Organise a private meeting with the employee to address their alleged misconduct which fails to meet company standards. Begin a fair investigation, gathering any relevant information or evidence and allowing the employee the opportunity to respond to the allegations. Explore any reasons why their attitude has changed.

Company Policy Remind the employee of the company’s disciplinary procedures in the employee handbook as well as expectations of conduct in a professional environment. If possible, try to resolve issues through informal processes to keep costs at a minimum.

Remember to check if company policy allows for employees to bring accompaniment with them to meetings.

Disciplinary Hearing

Following investigation, if the employer feels that there is a disciplinary case to answer, the employee should be invited to a disciplinary hearing. During the hearing the employer and employee should both state their case, addressing any evidence acquired, respond to any relevant witnesses, decide what the next stage is and keep a written record of the discussion for future reference. The employee should receive the outcome to this process in writing and have the opportunity to put forward an appeal to the decision.

Employees Can Appeal If the employee does appeal the decision taken at disciplinary, you will need to arrange an appeal hearing and allow the employee the opportunity to put forward their case.

If no further evidence is brought forward or mitigating factors, the original decision can be upheld. Appeals usually only likely to go through when the company has done something wrong.

Formal Warning

If the employee misconduct continues after the hearing, the process may need to be repeated. This will highlight the key objectives on improvement and the potential consequences if these are not met within the timeframe with outcomes potentially reaching dismissal or demotion

Regards,

Deirdre

Need HR Support?

Employee misconduct should be stopped early to prevent further problems with other employees, ensuring that operations run smoothly and reducing the risk of a potential tribunal. Continuous misconduct should be addressed early before disciplinary action happens and other employees are affected. The company should have a clear policy on employee misconduct including what the procedure and consequences would be if someone refuses to follow the guidelines.

For more information on handling misconduct and difficult conversations in the workplace download our free guide here.

Have a workplace question for Deirdre? Submit it anonymously for the chance to be featured in a future edition of Dear Deirdre. For confidential advice tailored to your business, contact the BeyondHR team on 028 2564 4110.