Are you communicating effectively with staff …..or hurting and humiliating them?

Most of us know intuitively that good communication is a requirement in our everyday lives whether it be in a social or work setting.

In the workplace, good communication is not only essential to the economic health of a business /organisation, but also a legal obligation.

The obligation is there to purposely avoid creating situations where employees may feel hurt or humiliated by your actions or words.

In June 2023, the Employment Court of New Zealand updated the compensation bands for personal grievances, including hurt and humiliation. The new bands are: 

• Band 1: Low-level loss or damage, up to $12,000 (Previously up to $10,000)

• Band 2: Mid-range loss or damage, $12,000–$50,000 (Previously $10,000 - $40,000)

• Band 3: High-level loss or damage, over $50,000 (Previously over $40,000)

Unfortunately, from time-to-time employers can find themselves under immense pressures for a variety of reasons and during these times we can see communication standards start to drop. However, being under stress is not a valid reason for poor communication.

One of the regular examples we see of ineffective communication is when an employer conveys to an employee that there is a problem with their work but fails to establish exactly what the problem is. This includes phrases such as “your work is not up to our standards”, “you need to start improving or you’re out of here”, “I’m fed up with this and I don’t have any more time to waste on you.”

Another regular example is belittling. This is where an employer makes it clear there is a problem but at the same time starts to undermine the employee’s confidence and self-esteem. This includes types of phrases such as “are you so stupid….”, “my three-year-old could do a better job…”,

In both of these examples, we clearly understand the employer has an issue with the work the employee is providing however, it is not clear “why”. Is it that the employee is taking too long to complete tasks? What standard does the work fail? What does the employee need to do to meet the employer’s expectations?

This type of incomplete communication creates confusion for the employee and puts them at risk of mental harm. They can understand there is a problem, but they have no idea how to fix it. This is a form of abuse and often contributes to personal grievance claims for hurt and humiliation.

When communicating with staff, you need to be clear with them about what a “good job” looks like. If they’re not meeting your expectations, then you need to make sure they know what your expectations are, and how they can meet them. You also need to provide them with a fair opportunity to improve, including providing support such as training, if required.

In an employment relationship, the employer is seen to hold the balance of power and as such, the employer is expected to take the lead in effective communication. This means being clear, honest, and fair about the expected outcomes of the employee’s work.

While there can be many testing situations in the workplace, employers cannot take their frustrations out on staff. Doing so will put employers at significant risk of a personal grievance claim being raised against them.

To find out more about your employment obligations, attend workshops, or 1-1 development sessions, contact the team at EASI NZ.