Private: Boss boss boss: law demands action on harassment

What if your chef swears and rants? Or if your manager makes sexual innuendos toward employees? The law expects an employer to take measures against -sexual- harassment by managers.

A direct management style is relatively common in the hospitality industry. Everyone knows the TV images of three-star chef Gordon Ramsay cursing and ranting at his staff. Leading a team of young people in a hectic environment like the hospitality industry is not easy. But what about when a chef barks at his kitchen staff, or the maître gives a waitress a "nudge" for not clearing the table fast enough? Is that intimidating behavior? The line between behavior that goes with the job and inappropriate harassing behavior is difficult to draw. The law states that harassment means "conduct related to a person's sex that has the purpose or effect of violating the person's dignity and creating an intimidating, hostile, offensive, humiliating or offensive environment.

When is boundary crossed?

By sexual harassment, the law understands "any form of verbal, nonverbal or physical conduct with sexual connotations that has the purpose or effect of violating the dignity of a person, in particular when creating a threatening, hostile, insulting, humiliating or offensive situation. If a superior repeatedly tries to kiss his subordinate colleague on the mouth when the latter is not pleased, the inference is clear. But also statements such as: 'career you do under my desk' are sexually harassing.

Unlike bullying, a structural nature is not necessary in the case of (sexually) harassing behavior. Even when a colleague exhibits one-time harassing behavior or crosses the line by engaging in inappropriate behavior, it is often unacceptable.

The legislature expects an employer to take preventive measures to prevent harassing behavior by supervisors. The employer must provide information on what is considered (sexually) intimidating behavior, appoint a confidential advisor and establish a complaint procedure. It is also wise to create a sanctions policy signed by employees. That way it is clear what the consequences are if they cross the line. Usually, this policy is lacking. But even without a policy, inaction is not an option. A complaining employee and his - possibly a little too directive - colleague deserve to be heard.

Hearsay

Not only should the complaining employee be heard, the reaction of the person who exhibited inappropriate behavior should also be sought. The context of the incident should also be carefully examined. For example, during a staff party or after work hours, a different atmosphere may arise, and behavior that is not acceptable on normal workdays is sometimes not at all crazy.

Also important: Is there a situation in which the supervisor exhibits inappropriate behavior toward a subordinate? Does it involve one or more complaining colleagues? Furthermore, the record of the accused employee comes into play. Has he been warned before for similar

behavior? Has the employer ever used coaching or mentoring to help the employee better understand how their leadership style is coming across to others?

Just dismissing is not wise. All interests must be considered before dismissal or any other sanction is imposed. An employer should explore possible alternatives. In some cases, a warning or negative evaluation may be appropriate. A transfer may also sometimes provide relief. Sometimes coaching or counseling of the employee who has exhibited undesirable behavior is in order. Direct leadership is not the only way to manage a team. Unfortunately, not everyone realizes this and the line between appropriate and inappropriate behavior is regularly crossed. Dismissal - whether summarily or otherwise - only comes into play when the situation is untenable and no other appropriate measure can be imposed. Even when an employee has previously been addressed about his behavior and that has not led to improvement, dismissal may be an issue.

Tougher action

A company that has active policies to prevent sexual harassment often takes harsher action than when such a policy is lacking. The employee can be reminded that he knows the rules and policies and must follow them. Letting an intimidating supervisor have his way is not an option. That ultimately costs satisfied customers and good staff. Doing nothing and putting colleagues in an unsafe situation often creates an irreparable breach of trust between employer and employee. At a time when it is becoming more difficult to get good people, that is not something an employer wants. If a supervisor creates an unsafe situation at work, don't wait, but discuss it. Look for a customized solution to prevent conflicts, accidents and absenteeism of colleagues.

High bill for carelessness

A supervisor is accused of sexually harassing behavior toward female subordinate colleagues. The employer decides to ask the judge for an opinion. The judge eventually terminates the cooperation because it has become irreparably disrupted. However, he does award twice the normal severance pay, because he finds that the employer should not have simply started a dismissal procedure without conducting a proper investigation into the (sexually) intimidating behavior of the superior. By moving too quickly, the due diligence required in this type of situation has been severely compromised. The employer

pays a high bill for doing so. In another proceeding, a supervisor sends his colleagues sexually oriented Whatsapp messages. The supervisor denies that the messages come from him. Since the employer has to prove that sexual harassing behavior actually occurred, things don't end well in this case either. The employer had to spend more time on careful investigation; it cannot simply rely on an employee's statements.

Dismissal by the book

A restaurant manager displays aggressive and intimidating behavior. Customers complain repeatedly. The employer warns the manager. Yet he continues to exhibit the behavior. Colleagues increasingly avoid him. They are fed up with his snarling and derogatory remarks. The situation escalated when the manager raised his voice after closing time and grabbed a colleague so hard that she was injured and called in sick. Suspension and investigation followed. Several colleagues made statements and the manager himself was heard. The employer took several days to do this. This bears fruit. Various documents and statements prove that the manager's behavior cannot be accepted for another day. This includes the fact that he has been warned earlier, that the employer has strict policies in place, and that creating a safe working environment is part of the manager's job description. The employee is fired and the dismissal stands. The victim receives help and support and continues to work at the company.