Your rights: Make the right call

By JOHN HANNAN*

Q. I have recently been appointed supervisor of a business unit and am having difficulty with some of the staff. One person in particular has begun taking telephone calls intended for me, and not identifying herself, attempting to listen to possibly confidential information. I am aware of this happening at least three times, and have witnesses for a single occasion.

It is easy to come up with excuses for why the person is doing this, but I believe this is an illegal action. I wish to remind her that this can lead to dismissal but wish to be clear as to the requirements for evidence as well as the course of action I should take.

A. You're the supervisor - you are entitled to issue directions to staff provided they are reasonable and within your authority.

You do not say whether the person concerned is simply picking up the telephone because you are not there, or whether she is deliberately trying to pick up your calls.

Either way, you can certainly direct her that she is not to take your calls and that she should identify herself immediately if she has to take a call.

Don't mention dismissal or other possible disciplinary action if you have not yet directed the staff member on how you wish her to behave. In particular, your belief that she is attempting to listen to possibly confidential information is at this stage just that, a belief.

Try to fix the unacceptable behaviour. If it continues have a further conversation on the basis that she has disobeyed your instructions and that this can lead to disciplinary action.

Your first conversation directing her about how to behave should take place in private in a way that preserves her dignity.

If you have to have the second conversation, you should again do so in private and in a dignified way.

Outline to her what you think has happened and note that it seems to be in breach of your instructions. Say you are considering disciplinary steps. Then give her time to consider her position and take advice.

Schedule a second meeting to get her response. If she wants to have representation at that second meeting, she is entitled to do so.

It is important to be crystal clear about what is and isn't unacceptable behaviour if you want to take disciplinary steps.


* John Hannan is a partner of Phillips Fox, specialising in employment law. answers are of a general nature only and should not be substituted for specific legal advice.


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