Can you spot a high conflict employee?

Managing a high conflict or difficult employee can divert time and resources away from core business activities, often creating unnecessary stress for everyone involved. Sometimes, employers may not even recognise the signs of a high conflict employee until the situation has deteriorated to the point where termination becomes inevitable.

If not managed properly, high conflict employees can severely impact workplace culture, productivity, and client relationships. These employees are particularly challenging to handle, as efforts to manage them can often lead to further tension and an escalation in problematic behaviours.

What are the red flags?

There are some key behaviours that we often see in high conflict employees. If you see these behaviours, it may be time to consider taking action:

• Being rude or abrasive with managers and/or their colleagues.
• Raising allegations of incompetence.
• Making threats against managers or colleagues.
• Making serious allegations and/or systemic complaints supported by little to no evidence.
• Evidence gathering behaviour (eg, sending files to a personal email address or printing large volumes of material) to gather “evidence” against their managers, colleagues or clients.
• Recording or requesting to record meetings.
• Refusing to follow instructions or listen to the views of others.
• Failing to prioritise being on time, attending meetings or collaborating.
• Unfounded or unsupported allegations of “bias” against them.
• Being untruthful or raising issues which have not previously been raised in an effort to deflect attention.
• Failing to show remorse or insight into their conduct or behaviour.
• Threatening an illegitimate legal or workers compensation claim if an adverse outcome is delivered to them.

When one or more of these behaviours are observed, action should be taken immediately to address the behaviour and protect the psychosocial safety of others in the workplace.

In serious cases, an employee’s high conflict behaviour may constitute a valid reason to terminate their employment.

Daniel Pawelczyk v Commonwealth Bank of Australia [2024] FWC 2115

The Fair Work Commission (Commission) held that the Commonwealth Bank of Australia (CBA) had a valid reason to terminate Mr Pawelczyk because he had engaged in unacceptable workplace conduct as defined in CBA’s Group Conduct Policy.

In late 2023, Mr Pawelczyk sent more than 50 messages to his manager over the course of three days. His messages were disrespectful, threatening and undermined his managers ability to do her job.

During this time, Mr Pawelczyk also applied for another role within CBA, and he was unsuccessful. After he was advised that his application had been unsuccessful, Mr Pawelczyk refused to accept the feedback he was provided, questioned the integrity of the person who gave him the feedback, and spoke ill of the other candidates and his manager.

When the CBA advised him that his behaviour was not in accordance with CBA’s Group Conduct Policy and put specific examples to him, Mr Pawelczyk refused to acknowledge the impact his behaviour had on his manager nor did he show any remorse.

In reaching her finding that Mr Pawelczyk was validly dismissed, Commissioner McKinnon noted that Mr Pawelczyk’s conduct exposed the CBA not only to loss of productivity, but also psychosocial risk, having regard to the impact his behaviour had on his manager.

Significantly, the Commissioner noted that “Mr Pawelczyk was a significant contributor to the circumstances of his dismissal. But for the sending of the messages, Mr Pawelczyk would likely have remained in his employment”.

How should I manage a high conflict employee?

The key is to manage these behaviours early by setting clear boundaries and expectations about standards of behaviour and communication.

When managing a high conflict employee, we suggest that you consider the following:

• Communication: Discuss the behaviour, concerns and/or complaints with the employee in a timely manner, and frequently as it occurs. Give examples of the behaviours which are not acceptable and outline the required behaviours. If there are policies and procedures that apply, show these to the employee. Consider support which may be required to enable the employee to improve their interactions and provide that support if it is reasonable to do so.
• Consultation: If an employee’s behaviour escalates, consider the impact on their managers and colleagues. Consult with impacted people to ensure that they have adequate support and they know how to access that support. Confirm that the behaviour is being addressed.
• Assess the risk: Set boundaries about respectful behaviour and communication styles. This could include boundaries about where and how work is performed (eg, in certain locations) and who should be contacted in relation to certain matters (eg, group inboxes for HR matters).
• Document everything: Keep records of your communication with the employee (including recording file notes of all meetings), together with any follow up emails. Start this as soon as possible, once you identify that the employee might be high conflict.
• Seek advice early: If you feel that your employee’s behaviour is becoming unmanageable (perhaps as a consequence of one or more of the behaviours set out above), seek advice early before any significant decisions are made in respect of the employee’s employment.