Scene Three: Ain’t No Problem Like the One I Got!...
Actors:
Pieter, Dave.
Setting:
Naturally Baking Limited – Dave’s office.
Props:
Small table and two chairs, in the background is Dave’s cluttered desk, with computer and workstation.
Pieter
Dad, I don’t have a lot of time, why are we wasting it on this moaner. Can’t we just get rid of her?
Dave
No Pieter, you can’t dismiss someone just because you don’t like them. Margaret could take us to the Employment Court if we dismissed her without justifiable reason. You could be getting this company into a lot of trouble with your behaviour.
Pieter
What do you mean my behaviour? What have I done?
Dave
I’ve listened to Margaret’s complaint and taken down the details. I have also talked to some of the other staff and got some legal advice from Tu. You are skating on thin ice.
Look Pieter, I know you set very high standards for yourself and your staff, but I think you need to use a bit more of the carrot and a bit less of the whip. And you are particularly hard on Margaret.
Pieter
Absolute rubbish! I treat everyone the same. If you can’t stand the heat, get out of the kitchen.
Dave
I’m afraid that attitude is not helpful Pieter. Some of the staff find you aggressive at times; you have been known to shout at people, which is not appropriate management behaviour. You have been described as overly critical and sarcastic – apparently you have held people’s work up in front of other staff and made jokes about it.
Pieter
Oh, come on, what’s wrong with the occasional joke?
Dave
As a manager you need to be more careful about how you treat people. You’re in a position of authority so your actions are seen to be carrying more weight than other people’s. They look up to you for leadership. You’ll get a lot further with the carrot than the whip.
It also appears that you treat some people differently to others. We need to apply the same rules to everyone. It’s also inappropriate to engage in name-calling.
Pieter
This is ridiculous. I want the chance to defend myself. If I don’t agree to the allegations against me, where do we go from here?
Dave
Let’s go over what we’ve done so far. We started the process by discussing the problem together, and then I talked to other employees who substantiated Margaret’s claims.
I advised you to talk it over with someone else. You’ve had the opportunity to talk to Ariana, Tu, and the Employment Relations Info-line on their 0800 number. Or you could have got more information on their website. I gave you some pamphlets from the Employment Relations Service. Frankly, I expected you to be better informed by now. I wonder if you’re taking this seriously
Pieter
I find it hard to take seriously because I think it’s all touchy-feely rubbish, but okay, I realise that we have to do something. What do we do next?
Dave
After the discussions with Margaret, yourself and the other workers I am satisfied there is a problem and we need to discuss possible solutions.
Pieter
Like what?
Dave
I think it would be useful for Margaret to go to some assertiveness training so she can give you feedback when you’ve overstepped the mark.
Pieter
Sounds good to me. What else?
Dave
I think some management and leadership training would be good for you.
Pieter
I don’t have a problem with that. See, I’m perfectly reasonable!
Dave
We also need to put some steps in place to ensure this doesn’t happen again. I think it would be useful if we all sat down together to problem-solve solutions.
Pieter
What if I don’t agree to that?
Dave
If we are not able to resolve the problem by talking to each other, there are a number of options. We can take part in mediation provided by the Employment Relations Service or we can agree to get an independent mediator.
If we reach agreement, a mediator can sign the agreed settlement, which will then be binding on the parties.
Or, we can agree that the mediator provided by the ERS will decide the problem, in which case that decision will be binding.
Pieter
What if mediation doesn’t resolve the problem?
Dave
We can refer the problem to the Employment Relations Authority for investigation. The authority can direct us to mediation, or investigate the problem and issue a determination.
If either Margaret or yourself is not happy with the authority's determination, we can refer the problem to the Employment Court.
Sometimes you can appeal an Employment Court decision in the Court of Appeal.
Can you see why I want to resolve this problem?
Pieter
Yes, I don’t think any of us wants to take things that far. Looks like I need to pull my head in a bit...
