Tony Newport - When the Bully is Only Half the Problem

1. When the Bully is Only Half the Problem
Presenter: Tony Newport
A Newport and Wildman Workshop Presentation Copyright 2015

2. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS
These are important indicators that
our normal coping mechanisms are
not working and we are showing
signs of vulnerability
A point at which
we start to show
signs to ourselves
That we are not
ourselves

3. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS
A point at which an organisation:
Just wants to staunch the bleeding -
anything for some peace and to get
it over with.
Is there such a thing
as Organisational
Conflict Fatigue?

4. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS
When:
- Educators have been brought in to address the
team/workplace on bullying
- In house mediation has been attempted
- A complainant has been moved
- Counselling/coaching has been offered
- It has ultimately been viewed as a personality clash over
inappropriate workplace behaviour
And:
Some of these have worked for a short time then the pattern resumes -
That’s a bullying conflict threshold
What might this look like in a
bullying situation?

5. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS
When you have reached a point where every proposed
intervention results in a concern for:
How the alleged bully will respond
And you always choose:
The line of least resistance
Then there is no question where the real power resides.
And the Absolute Clincher?

6. A Newport and Wildman Workplace Presentation
Copyright 2015
If we are prepared to engage with it as a
dynamic and instructive process.
Processes that seek to establish or deny
fault are rarely dynamic and instructive.
Workplace conflict more often than not seeks to establish fault or absolution
from primarily within the individual
Conflicts diverted straight to an unrelenting grievance process can be
excuses for exercising organisational control—things may go belly up but it
won't be the organisation’s fault.
Conflicts diverted straight to mediation by a manager can be excuses for
avoiding how people are managed
Conflict can be Magical

7. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS

8. A Newport and Wildman Workplace Presentation
Copyright 2015
Others Are Watching
No process in a
workplace
where conflict
has become
public
goes
unobserved.
Staff make their own moral judgment and where inappropriate behaviour
is condoned or ignored the seeds of future conflict are often sown.

9. A Newport and Wildman Workplace Presentation
Copyright 2015
What role does
Compliance play?
Over the past decade the development of policies and strategies
for managing conflict in the workplace has reached impressive
levels of sophistication and uptake.
Indeed these policies are so well articulated that being seen not
to follow them as they are laid out generates a risk that almost
guarantees they will be followed to the letter.

10. A Newport and Wildman Workplace Presentation
Copyright 2015
Rights are trumps in
a grievance process
This becomes a self fulfilling driver of the process resulting in rights being
upheld and people being absolutely ground down by the process
— even when the outcome is in their favour.
Once it is underway there
needs to be a strong case
made to step outside the
process if it means someone’s
rights may not be fulfilled.

11. A Newport and Wildman Workplace Presentation
Copyright 2015
Where is the
supervisor
in all of this?
How easy does it become
to accommodate and
avoid?
When compliance usurps
judgment.

12. A Newport and Wildman Workplace Presentation
Copyright 2015
Where is the
supervisor
in all of this?
How easy does it
become to
accommodate and
avoid?
When you have hands on
priorities as well as managing
people responsibilities in a
tightening economy

13. A Newport and Wildman Workplace Presentation
Copyright 2015
Where is the
supervisor
(and HR)
in all of this?
When they have
breached their
conflict threshold

14. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS
At The Micro Level
For practicing
mediators
We have developed and have access to some wonderful micro skills of
which the two most practised are Counselling and Conflict Coaching
These have the potential to address skill levels, insight and reality test
and these days are considered essential adjuncts to successful
mediation practice.
These are the not primary focus of this paper

15. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS
At The Macro Level
Is where we really
need to focus
Compliance is not the enemy
If we have good policies with which to comply
then compliance is surely a good thing.
What we really need with our current grievance processes, particularly
around bullying is: A CIRCUIT BREAKER

16. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS
A Circuit Breaker
occupies the space
between
endlessly grinding onwards
and
all out resistance
A circuit breaker requires us to stake stock.
It asks of us that we take time to reflect and that we exercise
judgment
In this context a circuit breaker is also a direct challenge to a risk
averse mentality.
Let’s look at a couple of potential game changers

17. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS
Group Conflict Management
Assessment Process
GCMA Key Planks
1. Encourage discretion and do not take witness statements
2. Don’t call it a bullying investigation. (Call it a GCMA)
3. If this approach reveals concerns about misconduct that can
be addressed without an independent investigation then by all
means apply the disciplinary measures and then get on with
repairing the working relationship.
It can be done.
GCMA

18. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS
The Case Conference
Reflecting on where you are at in
a rights based process never
compromised anyone’s rights
Offering collaborative processes to resolve disputes before conflict
fatigue sets in is a sound strategy.
For this to become standard practice rather than the option of last
resort, grievance policies need to factor a review process into every
step – not as a flow chart - but as a genuine opportunity of discreet
and appropriate enquiry as to what should or could happen next.

19. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS

20. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS

21. Why is the Bully is Only Half the Problem?
A Newport and Wildman Workshop Presentation Copyright 2015
Because the bully’s direct report is:
Often lacking in confidence and skill to
manage difficult employees
Driven by compliance and risk averse
policy more than judgment
Tasked with carrying out both hands on
and supervisory roles
Inclined to resort to accommodation
and avoidance as a consequence of the
above
All of which are
Significant
contributing factors
to conflict fatigue

22. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS
As workplace mediators
we have to stop just
talking to ourselves

23. A Newport and Wildman Workplace Presentation
Copyright 2015
WE all have our
THRESHOLDS
A National Mediation
Conference dedicated a day to
engaging in Kon Gres with our
Workplace Customers:
Employers, unions, insurance
companies, workplace
lawyers, rehabilitation
providers, workplace medicos,
risk managers, OH&S and HR
professionals, workplace
counsellors etc