I wish to apply for public sector roles, but I noticed some government agencies’ application forms include a question about whether I have been subject to any formal process, including performance management or code of conduct investigations by any past or present employer.
The problem is that I was put on performance management by one of my previous employers as my then-manager was trying to manage me out. After an employment lawyer from my union got involved, the performance management process was dropped with no findings made.
Given this, do I still need to make a declaration? If so, what should I say? I do not wish to jeopardise my applications by giving any prospective employer the impression that I am a troublemaker.
Although your question is unique, the dilemma you’ve alluded to is one that numerous Work Therapy readers have wrestled with. Many jobseekers are presented with the choice between total honesty that has the potential to compromise their chance of progressing in a recruitment process, and a seemingly judicious omission that could come across as deceptive conduct if discovered later. And it’s rarely an easy choice.
I asked Dr Andrew Dhaenens, a senior lecturer in management and leadership at RMIT University, about your question. One of his areas of expertise is human resources, and he said that if he were in your position he would be comfortable answering ‘no’ to the question on the application form.
But this opinion is specifically because your ex-manager’s attempt to performance manage you didn’t go ahead. “The reader can take confidence in knowing that any process was dropped. If an investigation had proceeded or a finding had been made, then my answer would change,” he clarified.
HR professionals recommend erring on the side of truthfulness in situations like these, and that’s generally good advice.
Dr Dhaenens said that when a prospective employer asks about whether you’ve been subject to any formal process or investigation, they’re generally interested in “misconduct or wrongdoing”.
“Some conversations – or even some forms – around performance do not rise to this level. The unfortunate reality is that marking ‘yes’ would probably jeopardise your application, as potential employers shy away from the risk.”
This is an important point. I’ve spoken with HR professionals who recommend always erring on the side of truthfulness in situations like these, and I think this is generally good advice. But when you divulge such information really matters.
If your early disclosure means you simply can’t get past the first stage of a public service hiring process, you’re the embodiment of the idiom “honest to a fault”. Now, that doesn’t mean you need to lie.
It doesn’t even mean you necessarily need to hide the facts of your previous work history indefinitely. But it does mean you might need to think less about the letter of the law and more about its spirit.
So, if you get to an interview stage, and can tell from the discussion that this is a job you’d like and are getting the sense you’re being well-received, you might consider telling the panel that you feel you should mention something from your professional history. But be careful how you frame it. “Just in the interests of transparency…” might be a good place to start.
Of course, you should make it clear the disciplinary action in question wasn’t justified, and was ultimately discontinued, but be careful how you talk about the manager who took this action. You may have good reason to question their professional judgement and even dislike them.
But, as Dr Dhaenens said, those in charge of hiring can be risk-averse. Be truthful about the administrative facts, but be tactful about the people involved. If you’re worried about coming across as a “troublemaker”, don’t give the interviewers any chance to even sniff the possibility.
One final note from Dr Dhaenens relates to how you responded to your performance management in the old job. “The reader’s story is also probably a nice reminder of the value and benefits of paying your union dues and exercising your rights to independent advice and representation.
“Outside legal advice, which is often recommended, the Fair Work Ombudsman puts together best-practice guides for navigating performance management and misconduct investigations.”
Send your questions through to Work Therapy by emailing jonathan@theinkbureau.com.au
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Jonathan Rivett is a writer based in Melbourne. He’s written about workplace culture and careers for more than a decade.