The Fair Work Commission has upheld an employer's decision to dismiss an employee who engaged in "significant and systematic micromanaging" of his employees. The employer dismissed the employee following a workplace investigation, on the basis that he had engaged in breaches of relevant workplace policies regarding bullying and harassment.
Complaints
Several employees working under the supervision of the employee made complaints. A number of complaints related to specific incidents, including that the employee had responded to an employee's group email publicly with "why did you send this?" and had then spoken to the relevant employee about the email in an aggressive and threatening tone. Other aspects of the employee's micromanaging included that he had limited employees' contact with internal and external stakeholders by requiring permission to speak to stakeholders, started attending internal stakeholder meetings with employees (who had previously attended meetings alone), and required employees to complete onerous tracking and other administrative tasks.
Micromanagement had the effect of bullying
The employee did not dispute the contents of the complaints, but rather their characterisation as bullying behaviour. The employee claimed that the relevant employees had not raised these issues with him directly prior to making a formal complaint and that he had been unaware that his behaviour had an adverse effect.
The Commission found that despite the possibility of the employee being "well-intentioned", the cumulative effect of his conduct and behaviour was one of significant and systematic micromanaging that breached the employer's Code of Conduct, and bullying and work, health and safety policies.
The decision indicates that an employee's intention may not be relevant in considering whether conduct is bullying. Rather, the Commission will consider the impact of the behaviour in question on affected employees.
see Carroll v Karingal Inc [2016] FWC 3709
