| Managing employees can be hard work particularly | | | | chance for the situation to improve. Don't skip this step |
| when an employee's performance or behaviour is | | | | - you need to demonstrate you have been fair and |
| unsatisfactory. Poor performance impacts on | | | | supportive. |
| everyone in the business and employers can't afford | | | | Record regular, dated file notes - keep a record of the |
| to turn a blind eye or hope for the best. Importantly, a | | | | performance management process outlining the |
| failure to deal with a performance issue can | | | | performance issue in question and, if it is the case, the |
| sometimes be viewed as implicit approval of the | | | | employee's failure to rectify his or her performance to |
| behaviour or problem in question. | | | | the appropriate standard required. |
| When it comes to managing poor performance you | | | | Dismissal - if the decision is made to dismiss the |
| need to work through the following steps to ensure a | | | | employee, write a letter of termination that clearly |
| fair process and to stay on the right side of Australia's | | | | outlines the reasons for the dismissal, the warnings |
| employment law... | | | | previously provided and the assistance that was |
| Put everything in writing - keep succinct file notes | | | | offered in order to help the employee rectify his or her |
| throughout the process as it makes a huge difference | | | | behaviour or performance. Focus on the role and |
| if you end up in the employment courts further down | | | | responsibilities of the position in question and the |
| the track. Make sure both your employee has copies | | | | employee's failure to perform. Outline the next steps to |
| of any formal file notes - such as formal warnings, any | | | | take, such as when the employee is to finish, final pay |
| formal letters/file notes etc. | | | | details and any other arrangements that need to be |
| Stick to the facts - when working through the process | | | | made for the employee to leave the employment. |
| make sure you focus on the facts related to the | | | | Before you hand over the letter - take a long moment |
| employee and their performance at work - do not get | | | | to make sure your reasons for the termination are fair, |
| side tracked on emotional issues or hearsay. | | | | reasonable and relevant to the role and responsibilities |
| Avoid discrimination - always act and communicate in | | | | of the employee. You shouldn't and can't exit |
| an ethical and non-discriminatory manner - you cannot | | | | employees for subjective reasons such as the way |
| discriminate against people on the basis of gender; | | | | they dress or their accent. Any dismissal which is |
| race; marital status; age; sexuality; nationality; disability; | | | | conducted for reasons which are harsh, unjust or |
| physical features; political belief or activity; a person's | | | | unreasonable may result in an unfair dismissal claim |
| responsibilities as a carer; or a person's status as a | | | | and, if successful in their claim, an employee can be |
| pregnant mother (or on the basis that a person may | | | | reinstated to their former position, redeployed to |
| be pregnant in the future). | | | | another position, or awarded compensation of up to 6 |
| Begin the performance management process - talk to | | | | months remuneration. Take a very long moment to |
| your employee, point out your concerns and what | | | | make sure you are being fair and reasonable...! |
| needs to be done for performance to improve. Write | | | | Inform any other staff members of the termination - |
| up notes about what you discussed and what action | | | | do so by word of mouth or by memo. Keep it brief |
| needs to be taken. Give the employee a copy. Provide | | | | and do not list any specific reasons regarding why the |
| an opportunity for the employee to respond formally. | | | | employee is leaving. |
| File the response. | | | | At the end of the day in these sorts of fraught |
| Formalise the warnings - if the situation doesn't | | | | employment situations it is important to follow a due |
| improve to the standard required, arrange a formal | | | | process, stick to the facts and focus on the roles and |
| meeting and issue a written letter outlining your | | | | responsibilities of the job in question. At all times put |
| concerns and the action required to remedy the | | | | things in writing - it is the first thing a lawyer will ask to |
| situation within a timeframe. Provide the employee with | | | | see if the issue escalates and an unfair dismissal claim |
| an opportunity to respond formally. | | | | is lodged! |
| Offer assistance and/or training - provide every | | | | |