With so many different people and personalities filling our workplaces, it’s inevitable that there’s at least one difficult employee can be found. Whether it’s the person that always arrives late with a coffee in their hand or the person that sends emails to everyone yet never replies to theirs, you are left in the position of having to manage them. And while most don’t showcase their challenging tendencies until well-after hiring, what can you do to manage these employees in a compliant manner?

Difficult employees can fall into many categories, however, the snoozer, the grump, the patient, and the bludger are the most common. Here we explain these four types of difficult employees and how to deal with them in your workplace.

1. The snoozer

A snoozer’s excuses can range from I slept through my alarm to bad traffic, and while sometimes these are valid, other times these excuses can become all too convenient when they’re accompanied by a hot coffee and breakfast. Being late happens, and with so many things outside our control getting to work on time is truly a feat, but when it becomes a pattern that’s when it’s clear that standards of professionalism in the workplace are not being met.

How do I manage this?

Recognising that there’s an issue with an employee’s conduct is the first step, and then it’s time to manage the situation. Documenting an employee’s conduct can help identify patterns of behaviour that need to be rectified and managed appropriately. After acknowledging that there’s a pattern of behaviour that needs to be fixed, issuing a warning can give the employee the chance to fix their conduct and adjust it to meet the business’s professional standards. Ordinarily, an employee’s personal life is their own business, but when it impacts directly on their workplace performance, the employer has the right to set boundaries.

Often employees can be unaware that their tardiness is causing a problem, however, once it’s been brought to their attention and they continue to disregard their start time, this can be considered grounds for termination.

2. The grump

No one wants to be around someone with a bad attitude, let alone work closely with them. However, with our workplaces home to many different personalities and people, this is sometimes unavoidable. At the beginning of the employment relationship, employees will attempt to put their best foot forward and these issues may not always present themselves initially. It can take time for true colours to show, but when they do, what can you do? Can you dismiss someone simply for their rudeness?

How do I manage this?

We all have our bad days, and our moods fluctuate from highs and loves, but dealing with someone who is constantly negative can have a serious impact on workplace morale. And while we don’t intend to bring our personal feelings into the workplace, it happens. The first thing to do when faced with a grumpy employee is give them the benefit of the doubt – there is a multitude of things that could’ve triggered the grump to appear, and the reason could very well be something unrelated to the workplace. Ask the question ‘Is everything okay?’ and offer them the space to share. This could be what alerts you to a potential workplace issue that needs your attention or allows you to offer important support to an employee who needs it.

If this doesn’t solve the bad attitude problem, then the next step is to go over the business’s code of conduct policy with the employee explaining the standards expected from staff in the workplace. If, after this, the behaviour continues after warnings have been issued, you can begin considering transitioning the grump out of the organisation.

3. The patient

Everyone gets sick, and there’s nothing we can do to stop that. After navigating through a global pandemic, we know all too well just how cautious we must be when it comes to spreading sickness. But what happens when you’re faced with an employee who is constantly calling in sick? It’s a tricky situation, and while you want to be understanding, seeing the pile of work grow can become increasingly frustrating.

How do I manage this?

When an employee is on an extended period of absence from the workplace due to personal illness or injury, this can create considerable uncertainty for a business. These situations are never easy! The law is complex, and the principle of good faith is paramount in these situations.

An employee is entitled to 10 days of sick leave for every 12-month period after they have completed six months of continuous service.

Generally speaking, you will be faced with two situations; a) where an employee is genuinely sick but they have exhausted all of their leave entitlements, and the amount of leave being taken is causing significant stress on operations; and b) where an employee is suspected of taking non-genuine sick leave or ‘sickies’.

In the first situation, it’s a well-settled area of law that employers aren’t bound to keep the job indefinitely open for an employee who is unable to perform their role long term. Where this happens, the employer will be required to carry out a fair and reasonable medical incapacity process to terminate employment. Medical incapacity is when an employee is no longer able to do their job due to illness or injury. A process must be followed that requires the employer to carry out a full and fair investigation into the employees’ medical position, seek expert medical opinion from a medical practitioner, and consult with the employee in regard to their well-being and the business’ position. Only after consultation with the employee would it be justified to terminate for medical incapacity.

Disciplinary action may eventuate in the second situation however you must show that you have taken fair and reasonable steps in obtaining evidence, that you allowed your employee to provide their own proof and you have consulted on the matter with them, before deciding. Pending the merits of individual cases, it may also be reasonable to dismiss an employee for serious misconduct.

A 2013 case that was brought before the Employment Court provides an example of where an employer was successfully able to dismiss their employee for taking non-genuine sick leave. The facts are:

• An employee applied for annual leave to attend a sports competition. The employer was hesitant to approve the entire five days of annual leave that had been applied, and therefore only granted three days of leave. When the employer didn’t hear back from the employee, there was a reasonable expectation the employee would be at work for the two days that had been denied.
• The employee attended work however later contended a muscle injury and took sick leave claiming he required this to rest and recover; this happened at the same time when annual leave was applied.
• Soon after, the employer became aware of photos that had been posted on social media; photos that showed the employee competing at the sports events during a time when he was meant to be resting and recovering.
• The employer had reasons to believe that the sick leave wasn’t genuine on the basis that annual leave had initially been denied for the same sports competition.
• The employer had the weight of evidence suggesting sick leave was falsely taken, including statements from the event representatives regarding the employees’ attendance at the event.
• A proper process was conducted by the employer which led to the employee’s dismissal.
• The employee raised a personal grievance against the employer and claimed he had been wrongfully dismissed.
• The Employment Courts consequently concluded that the employer had reasonable suspicion and was entitled to commence a process alleging serious misconduct. The Courts found that the employee had misled the employer and had taken steps that significantly impacted the trust and confidence that is necessary for the employment relationship; the dismissal was justified.

This case highlights areas of learning; when an employee is sick, they are not required to be “home-bound” – it’s not for the employer to determine an appropriate way for employees to rest and recover. However, if it is found that the employee is engaging in activities that are obviously not consistent with resting and recovering that an employer may question the genuineness of the illness. Furthermore, if an employee can justify their absence from work with a valid medical certificate, it’s unlikely that these types of medical evidence will be challenged.

4. The bludger

Productivity isn’t linear, it fluctuates in every workplace. And while everyone has inevitable slumps in output, it’s when tasks start to stack up on one employee’s to-do list that frustration can build. They show up to meetings and send the occasional email, yet their productivity levels just don’t reflect the hours spent at work.

How do I manage this?

Dealing with a certified bludger calls for performance management steps. Performance management covers everything from monitoring an employee’s output to scheduling regular (and important) performance review meetings. Catching up with an employee can be as simple as an informal 1:1 meeting held over Zoom or a formal in-person session where you can share the expectations of the employee in their role. If the bludging continues despite the employee being given every opportunity to rectify their behaviour, you can start considering the termination process.

Take the pain out of performance reviews

Regardless of where your employees work, with enableHR behind your business, you’ll be able to access our flexible performance review module – it’s the perfect tool to help you build and maintain a culture of high performance.

We believe HR should be simple. Simple enough for you to run your business confidently. enableHR has everything you need to manage the entire employee lifecycle from recruitment and onboarding to performance management and termination. If you’d like to see enableHR in action, contact us to learn more about how we can help your business.