Ask the expert: Managing an unfair manager

By MARIE WILSON

Q. I am having difficulty with my manager. I was not recruited by him, I was recruited by the directors without prior consultation with the manager and the difficulty has been noted by other staff.

I have pointed out my concerns to the directors of the company regarding our communication problem and they claim they do not want to intervene as they breached his authority when employing me and are reluctant to intervene again.

I am now quite concerned with the way in which my manager treats me. When we have difficulty I am simply ordered out of his office without fair chance, and threatened with removal from my position and consequently from the company.

I do want to resolve this issue but feel I am being refused the right to do so. Can the manager and directors continue refusing to deal with it?

A. There are both legal and management issues here, and I've asked John Hannan to join me in responding to your question. The job of a manager involves assuring that the working environment enables and promotes good performance. It would appear that your manager is not providing a reasonable working environment for you and this is interfering with your ability to perform.

From the manager's perspective, the directors overstepped their authority by appointing you, and interfered with his performance and authority. His grievance with them does not excuse his bullying and threatening behaviour.

If your manager is the CEO, the directors are his supervisors and his behaviour presents a risk to the company that they have an obligation to manage.

Your manager has an obligation to discuss your employment and performance in a reasonable manner with you, and if this is not being achieved you should be able to call on a third party, such as the mediation services of the Employment Relations Service, to assist you.

From a legal perspective, the fact that the directors appointed you without consulting your manager is no excuse for his behaviour, or for the directors refusal to deal with it.

You have a legal right to be treated fairly and reasonably.

If your manager carries on in the way you describe you could bring a disadvantage personal grievance against your employer.

Alternatively if things get bad enough you could resign and claim for constructive dismissal. But you should try the Department of Labour's Mediation Service first, and you should certainly take legal advice before resigning on constructive dismissal grounds.

The reality is that the directors have got themselves into a sticky situation. They may want to keep their manager happy more than they want to keep you.

If they lack the skills or will to fix the problem your ultimate options are to negotiate an agreed exit or to leave and possibly bring a claim.

Approach one of the directors. State politely but firmly that if they don't deal with the situation you believe you have a claim against the company. Say that you want to involve the Mediation Service to try to fix the problem if they can't suggest anything else.

If you get no response, ask the Mediation Service to approach your employer. If that fails, reach for your lawyer.

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