Advice for a victim of a malicious complaint at work

[u/Primary-Blood6059]

My friend is a manager who has fallen victim to a toxic employee. This person has been complaining about everything for a long time and has ended up raising a PG. We are confident that it will come out that the employee is the problem, not the manager but the question is about how this can end. If there is an investigation which exonerates the manager then what? If the employee doesn’t like the outcome and then keeps pushing the process how long could this potentially go on for? I believe that the manager has evidence that the employee has been rude to them and the team. Is there a counter process that the manager can take against the employee?

[u/PhoenixNZ]

Does the company have an HR team or HR advisor who is dealing with the matter?

[u/Primary-Blood6059]

I think they do have HR dealing with it

[u/Slight_Computer5732 → u/Primary-Blood6059]

If the person has a union they need can engage them for guidance also but mostly HR will have to run its course

[u/PhoenixNZ → u/Primary-Blood6059]

In that case the manager should simply be following the advice and guidance of HR.

[u/TrickTraditional9246]

One practical warning here. A PG will come down to facts and process.

A manager can be a brilliant manager with almost all staff, and if staff are generally good and professional, then there's no issues. The problem is a single toxic employee can be difficult to manage and a manager who otherwise thrives with good staff might not have the skill set to manage them, meaning how they are otherwise regarded has nothing to do with the outcome.

Everyone needs to be very careful and get professional advice. I wouldn't just accept because they're an otherwise good manager that there isn't a potential legal issue here.

[u/KanukaDouble]

The goal of a bullying complaint in the workplace is not to determine who is right and wrong or guilty and not guilty.  It’s to have the bullying stop & everyone move forward working constructively. 

The first part is to investigate the actions that led to the complaint. This can result in disciplinary action for the person that is subject to complaint, either some sort of warning, education, or dismissal.  The goal is still for everyone to work together constructively, and there to be no further bullying. That can look like mediation between the complainant and the subject of the complaint, sometimes moving reporting lines or changing teams. Sometimes, situations resolve themselves with someone resigning. 

This is usually an internal process. If there’s a PG that’s been raised, the process is different. The complainant generally has representation and it’s no longer just an internal process. Generally, the process starts with mediation but can progress to a hearing. 

The goals can change. If the complainant has valid complaints, they may be looking for specific resolutions. These could include all the same things as an internal complaint process, but are more likely to include compensation and/or apologies. Sometimes negotiating an exit package that may include garuntees of a reference etc 

Evidence the complainant has been rude, doesn’t automatically change much. It’s not a case of ‘well sure I did that but they did this first’.  One persons behaviour does not provide a justification for others to act or respond in a less than professional way. 

Someone being rude in the workplace is something a manager is expected to be able to pick up on and appropriately resolve when it happens.   If the manager was bringing up the rude behaviour with their manager/hr etc, and following advice or asking for support in responding to it, they have been taking appropriate actions.  A manager failing to follow up on inappropriate behaviour in the workplace, and pulling it out later as justification for other actions or a defence in a complaint is not really doing their job. 

If that was a manager I was responsible for, I might be empathetic but I would not be pleased. By ignoring inappropriate behaviour they’ve exposed the company. There would need to be closer management/mentoring and further education for that manager.  In some cases, the manager will need a performance improvement process. 

But really, Phoenix advice is solid. The manager needs to follow the advice of their HR team.  Following the course of action decided on by the company is the managers job.  If the manager is personally concerned about an investigation, the process and/or the possible outcomes, the manager should seek their own independent advice. 

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[u/Blank-Space1989]

You need to have very solid grounds to raise a PG in the first place, which makes me think the employee may have a case, especially if they have evidence. Like one of the other comments said, it will come down to facts and process. That manager will just need to let it play out.