How to Deal with Difficult Staff – A Practical and Legal Approach
Managing difficult staff is a challenge that requires both emotional intelligence and legal awareness. The Cycle of Effective Conflict Resolution offers a structured approach aligned with Australian workplace law and Fair Work compliance.
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Stay Calm – Initial reactions set the tone. Under the Fair Work Act 2009, employers must provide a safe workplace, free from hostility. Pause and assess before reacting.
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Get Help – Don’t handle serious issues alone. Involve HR or an external mediator, especially in cases of bullying or harassment, which may breach workplace health and safety obligations.
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Respond Thoughtfully – Avoid impulsive responses. Document concerns and give the employee a chance to respond, meeting the procedural fairness requirements in performance management.
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Be Empathetic – Understand their perspective. This can uncover underlying issues such as mental health, which may be protected under anti-discrimination laws.
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Set Boundaries – Clearly outline acceptable conduct. A code of conduct or policies should be referenced, reinforcing compliance.
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Focus on Behavior – Address actions, not personalities. This ensures objective and lawful management, avoiding unfair dismissal claims.
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Stay Optimistic – Maintain professionalism. A positive, compliant culture supports performance and reduces legal risk.
Following this cycle promotes both resolution and regulatory compliance. Does your Human Resources or People & Culture team require training on how to deal with challenging staff or workplace conflict? Get in touch!