The experts' advice

Colleen Cleary , partner and head of the employment law unit with Landwell Solicitors, and Louise Simpson , a lecturer in the…

Colleen Cleary, partner and head of the employment law unit with Landwell Solicitors, and Louise Simpson, a lecturer in the Univeristy of Ulster school of business, organisation and management.

Liam needs to take a practical approach, with an eye to resolving the situation as amicably as possible, while at the same time being aware of the legal implications of not doing so.

Liam must immediately get a handle on the facts of the situation. Are there documented protocols that Keith is clearly not adhering to? Sean has described Keith as an "egotistical bully". Is there some substance to this? Have other employees complained? Does Liam inherently know there is a problem with Keith's behaviour which Zama has never addressed?

Liam may need to get more involved and give clear direction. He may need to assert and confirm his support of Sean, confirm that there have to be clear reporting lines, and reinforce existing procedures.

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Liam could try and mediate informally between Sean and Keith. He would need Sean and Keith to articulate what their concerns are in relation to working with each other and ask both parties to suggest solutions. If Liam felt too close to the situation, he could suggest a formal mediation, where an outside mediator was appointed to try and resolve differences in management and personality styles between and Keith and Sean. This would allow Liam to step outside of the problem, and perhaps also allow the mediator to formulate objective solutions which may be acceptable to both parties.

The issue in relation to Keith's behaviour towards Sean and other employees could become a more serious issue for Zama. Zama is obliged to provide all employees with a safe place of work, which would include the reasonable prevention of bullying and stress-related injuries in the workplace.

Remember, Zama may be vicariously liable for the actions of Keith. Insofar as his behaviour is offensive to the extent that it would be deemed discrimination or harassment, a claim may be taken against Zama for the consequences of his behaviour. A potential defence to such behaviour is possible if the employer can show that they took steps to prevent or reverse the effects of the harassment or discrimination.

If such behaviour is left unaddressed, a series of claims could follow against Zama. For example, Sean, or one of the other employees who have been subjected to harassing behaviour by Keith, could decide that their work environment is so intolerable as to constitute a repudiation of their contract of employment, in respect of which they could resign and claim constructive dismissal. The exposure here is a maximum compensation award of two years' gross remuneration in the Employment Appeals Tribunal. Similarly, if Sean or one of the other employees develops a stress condition as a consequence of Keith's behaviour, they could seek to take a claim for personal injuries against Zama.

Liam should check whether Zama has a Code of Practice, Dignity at Work or Bullying/Harassment Procedure in place, and, if not, should put one in place immediately. Liam may need to address Keith's conduct in relation to clients.

Ultimately, Liam should strategise to avoid a situation where Sean walks out and claims constructive dismissal, or Keith's behaviour generates a series of claims against Zama - or where he has to formally investigate Keith's behaviour and ultimately discipline him.

The problem is complex, but if Liam's ultimate aim is to keep both employees, he might consider mediation as aultimate solution. The bottom line is that Liam cannot afford to sit back and do nothing. The current situation is a time bomb, and it will be Zama that will pay if the bomb explodes.

Conflict between the sales and operations function in a business is not unusual. Successful sales people are often driven by the next account opening and the thrill of closing a deal. In this single-minded pursuit, other organisational activities, perceived as slowing down that success, can be frustrating and difficult to tolerate.

Zama's (and Liam's) problem is that he has two effective people pulling in opposing directions. One in sales, and one in operations - both are vital to the company's success. As both individuals care about their jobs, they find the other to be negative and detrimental. Keith's lack of teamwork is compromising the organisation's image through criticism of colleagues. Ideally an outcome of retaining the strengths of both individuals while modifying the threatening behaviour is to be sought.

Sean is likely to gain a more sympathetic hearing from Liam than he expects. The chief executive of a company is usually able to take a rounded view of the functions in the organisation. Liam appears to be aware that Sean is integral to the success of operations, just as Keith is the most effective sales executive. As someone with a background in sales, however, Liam will be aware that ultimately a sales person sells for a company, not for himself, and the preservation of company image is essential to the market.

If Sean were to seek Liam's intervention at this point, it is possible that Liam's own track record of success in sales and in managing the business could be vital to persuading Keith that his current stance is immature and potentially damaging to Zama. The fact that Liam has proved himself in the sales environment may lend him credibility in Keith's eyes.

A mentoring intervention could benefit Keith in helping him recognise the value of operations, and the necessity of the ever unpopular paperwork in providing good customer service.

This can be reinforced by extending the range of Keith's objectives to encompass more than sales targets. Therefore some additional targets - impacting on the all important bonus - which include reference to the completion of administration efficiently, the promotion of corporate image and team-based achievements should encourage Keith to give attention to those areas.

Such actions would be preferable than addressing what is essentially poor performance in Keith (in terms of teamwork and corporate representation) through the blunter instrument of the disciplinary procedure.

If Liam's intercession is not sufficient, he may wish to consider third-party mediation. Activities organised by a consultancy agency can be less threatening than internal intervention. The range of activities could include:

mediation between the individuals concerned;

assertiveness development for Sean;

teambuilding activities to encourage the acceptance of diversity;

psychometric testing to emphasise the strengths of different types of individuals;

workshops to promote the understanding of a range of functions at work.

Helping colleagues embrace their differences and value each other's input can be promoted through understanding. Sustainability may not be as exciting as rapid growth, but it is at least as valuable and should be recognised as such. Discussions which include listening to Keith's suggestions on how the administrative function might be streamlined to assist him in carrying out his job, or Sean explaining the importance of the operations procedures can enlighten the other party and improve teamwork.

Conflict which arises through personality clashes and is exacerbated by incompatible objectives at work, is especially difficult. Keith and Sean have worked hard for the company in the past: now Zama will have to work to apply creativity and effort in assisting them.