Results 1 to 8 of 8

Thread: Threatening and Intimidating Behaviour?

  1. #1
    New Member
    Join Date
    Jan 2016
    Location
    Mokopane
    Posts
    5
    Thanks
    0
    Thanked 1 Time in 1 Post

    Threatening and Intimidating Behaviour?

    Most of you might get a giggle out of this but it is a very real situation, and I am acting as the Accused representative in the case

    Mr A is a junior manager who works for Mr B. Mr B has been on Mr A's case for 6 months in order to better his perhaps poor performance.

    Around Xmas time Mr A and his pals decide they are going to have a work party to which Mr B, who is unpopular, is not invited.

    As an idea, they decide to get a picture of Mr B, superimpose a bullseye target over the top of it, so they can throw darts at it at their party.

    Mr A visits Mr B's Linked-In page, downloads the profile image and superimposes the bullseye target. He prints it, but forgets to collect the printed sheet from the remote printer.

    Mr C comes along to the printer and picks up the printed target and takes it to Mr B, thinking it is his.

    Mr B says no it is not his, and (according to him) feels threatened and fearful. recognising the picture he visits his Linked-in Profile and via some functionality, is able to see that Mr A recently visited his profile.

    He then gets ahold of the IT department, who do some forensic work and confirm that the document was indeed printed by Mr A.

    Mr A is apprised of developments and without bidding immediately goes to his boss Mr B, and apologises for his behaviour.

    Mr B responds by charging Mr A with threatening and intimidating behaviour, and ER roll into action and suspend Mr A from the workplace. Mr A responds with a letter to Ms D, Mr B's superior Manager, pleading his case and Ms D lifts the suspension.

    My Question is: Does this constitute Intimidation and Threatening behaviour, or is it a complete overreaction to a very stupid prank? My concern is that the charge of Intimidation requires the very basic element of direct communication of the threat from the abuser to the abused. which is absent in this case.

    What say you?

  2. #2
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    20,979
    Thanks
    3,055
    Thanked 2,462 Times in 2,067 Posts
    Blog Entries
    12
    Is subversion a form of insubordination?
    Is subversion a viable offence charge on it's own?
    The trouble with opportunity is it normally comes dressed up as work.

  3. #3
    New Member
    Join Date
    Jan 2016
    Location
    Mokopane
    Posts
    5
    Thanks
    0
    Thanked 1 Time in 1 Post
    Subversion is not a charge in our ER code. It falls under "acting against the best interests of the company". The most suitable charge would be insubordination, but I don't think that dog is gonna hunt either.

  4. #4
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    20,979
    Thanks
    3,055
    Thanked 2,462 Times in 2,067 Posts
    Blog Entries
    12
    It remains a pretty clear-cut case of behaviour undermining the authority and reputation of a superior worthy of disciplinary action to my mind.

    The crux on the threatening & intimidating angle is going to be why did the employee leave the page in the remote printer - because he forgot, or because he wanted it to be found?

    And the test is only to "on balance of probabilities"...

    If you're defending the accused, evidence of previous incidents of scatter-brained behaviour by the accused would probably prove useful.
    The trouble with opportunity is it normally comes dressed up as work.

  5. #5
    New Member
    Join Date
    Jan 2016
    Location
    Mokopane
    Posts
    5
    Thanks
    0
    Thanked 1 Time in 1 Post
    Yes I agree he has done something "wrong", but is it really necessary to use the full might of the Disciplinary Code to correct his behaviour? Back in the day, a manager would simply have a tete a tete with the wrongdoer behind closed doors. What we used to call in the army "an interview without tea or biscuits".

    He says he printed it and then completely forgot about it. Anyhow I am doing a full deposition with him today.

    Thanks

    Pete

  6. #6
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    20,979
    Thanks
    3,055
    Thanked 2,462 Times in 2,067 Posts
    Blog Entries
    12
    Poor leadership being compensated for by rigid process comes with mixed blessings.
    The trouble with opportunity is it normally comes dressed up as work.

  7. #7
    Diamond Member adrianh's Avatar
    Join Date
    Mar 2010
    Location
    Cape Town
    Posts
    5,089
    Thanks
    336
    Thanked 808 Times in 642 Posts
    Please let us know how this pans out, it sure is a facinating dilemma.

    Imagine what would happen if everybody except the peoson with the target was of a different race? Then imagine what would happen if the media got hold of it. I have a sneaky suspicion that colourblind hr practices are a myth in the rainbow nation.
    How easily someone is offended is directly proportional to how stupid they are.
    ~GS Elevator

  8. #8
    New Member
    Join Date
    Jan 2016
    Location
    Mokopane
    Posts
    5
    Thanks
    0
    Thanked 1 Time in 1 Post
    some back channeling today convinced the ER people to drop the charge of intimidation and replace it with the much less serious "not conforming to the company values" to which we will plead guilty, no evidence will be led and for which Mr A should get a slap on the wrist. I could not risk going forward with the intimidation charge. Too risky.

  9. Thanks given for this post:

    Dave A (09-Jan-16)

Similar Threads

  1. [Question] Employees threatening legal action against employer
    By Techyman in forum Labour Relations and Legislation Forum
    Replies: 5
    Last Post: 25-Jul-13, 01:31 PM
  2. Eskom threatening rolling blackouts?
    By wynn in forum General Chat Forum
    Replies: 11
    Last Post: 12-Jan-12, 08:07 AM
  3. Acceptable behaviour to customer -
    By sterne.law@gmail.com in forum General Business Forum
    Replies: 35
    Last Post: 05-Jan-12, 10:35 PM
  4. strange wifi behaviour
    By IanF in forum Technology Forum
    Replies: 11
    Last Post: 11-Sep-10, 08:32 PM
  5. shaping behaviour
    By duncan drennan in forum Entrepreneurship and Business Management Forum
    Replies: 0
    Last Post: 11-Jan-07, 10:00 AM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •