Tradie HR director Leigh Olsen says before managers make a decision, they should ask themselves whether it is fair and reasonable, and whether they would be comfortable if the same thing happened to them.
Ever been in the middle of a conversation or meeting at work and thought, “Oops, maybe I should have prepared a bit more for this discussion?”
I’ve recently seen several situations where managers and employees have rushed into “let’s have a quick chat” discussions without proper planning, paperwork or guidance being sought.
I get that calling and asking for guidance from your trusty HR consultant can feel a little time consuming, especially if she likes a wee chat because she genuinely cares about how you are going — but not doing so may prove costly.
Informal — yeah right
Here’s a recent example that highlights exactly what I mean.
A friend of a friend approached me the other day. She had been invited by her boss to an “informal performance chat”. I read the invite letter and the only thing informal about it was the word — informal.
The letter was basically a duplication of her job description headings with some clearly AI-generated bullet points that spoke to general concerns the manager was experiencing with her. No details or specifics were provided. Quite frankly, it was a word salad that left this poor woman terribly confused. In her case it was anything but informal.
And to add insult to injury — the letter had been copied to several managers with an instruction it was to go on her employment file. That is not informal.
Now her manager may have had good intentions, but how would he have responded if he had received a letter like that from his manager?
For managers, I always try to get them to see how it might feel — imagine if this happened to you or to one of your friends or family? Would you still think this decision or process is okay? Would you still class it as “informal”?
Fair and reasonable
These are two words that I probably utter about 100 times a week — not just to my clients but to myself as well. These two words underpin New Zealand employment law and, in my view, are a really useful test for managers.
Before making a decision, ask yourself whether it is fair and reasonable, and whether you would be comfortable if the same thing happened to you.
I have had experiences where bosses have thought it was okay to contact staff on their annual leave, at a funeral, or at 3am over a file or memo. Not fair and reasonable in the circumstances.
I have heard of employees:
• taking the work vehicle out on Friday night (without permission), damaging the boot by backing into a bollard and not telling anyone,
• refusing to return a company laptop when they left the company, and
• filling their friend’s car with the company fuel card.
Not fair and reasonable in the circumstances.
I recently worked with a client whose apprentice electrician caused significant damage to a roof. The owner was understandably frustrated and wanted the apprentice to pay towards the damage.
However, when we looked at the situation more closely, the apprentice had largely been left unsupervised and had not been properly supported on the job. Not fair and reasonable in the circumstances.
Clear expectations matter
The third area where I often see issues arise is around expectations. As business owners and managers, we can sometimes assume that what seems obvious to us must also be obvious to everyone else. Unfortunately, that is not always the case.
I was recently involved in a situation where a business owner wanted their employee to contribute towards the insurance excess following a vehicle accident they had. From the employer’s perspective, the expectation seemed entirely reasonable.
The challenge was that nobody had ever communicated it. They had no vehicle policy, no rules around vehicle use, no information about the insurance excess, and no clear expectations around who would be responsible if damage occurred.
It’s hard to expect people to follow your rules and ways of working if you don’t communicate what those rules are. If an expectation is important, it needs to be clearly communicated before we can reasonably expect people to follow it.
Good judgement matters
One of the things I enjoy most about working with business owners is helping them navigate situations that are often in the grey. Most employment issues I come across are not caused by bad intentions — in fact, most people are trying to do the right thing.
The challenge is that people issues often involve different perspectives, competing interests, and incomplete information. That is why I find myself coming back to the same question. Would a fair and reasonable person think this is fair and reasonable?
You may still end up making exactly the same decision. However, asking the question before you act can help ensure that the decision, the process and the communication surrounding it are fair, balanced and more likely to stand up to scrutiny.
So, the next time you’re making a decision involving one of your staff, ask yourself one simple question — is it fair and reasonable?
Note: This article is not intended to be a replacement for legal advice.
