Managing underperformance

This means that your employees have legal rights that allow them to challenge the way they are treated in relation to performance issues.
We have developed a clear program that supports you to:

• Understand the legal risks involved in managing under performance
• Develop a legally effective performance management process; and
• Put other relevant policies and procedures in place to minimise your legal risk when managing underperforming employees

Step One:
To effectively and legally manage an employees performance, you must be able to understand whether you are dealing with underperformance or misconduct.

Examples;

• Failure to meet sales targets
• Inability to properly communicate to customers or employees
• Failure to meet deadlines
• Failure to perform required tasks to an acceptable standard, eg writing letters poorly with spelling mistakes when letter writing is a large part of the job; and
• failure to complete required paperwork.

Misconduct usually involves deliberate or intentional behaviour in contravention of a particular standard of conduct or behaviour in the workplace.
For example;

• sexual harassment;
• issuing false medical certificates;
• consistent absenteeism; and
• working in an intoxicated state.

Managing under performance incorrectly can result in legal action being taken against you. Employees have four key statutory protections available to them;

• Unfair dismissal
• general protections
• anti-discrimination laws
• the Fair Work Act anti-bullying scheme

Flowchart on whether your employee can make an unfair dismissal claim