The first step is to have an informal chat with the employee. This conversation should be friendly and constructive, focusing on clarifying expectations and offering support. It's essential to address specific examples of underperformance and listen to the employee’s side of the story.

A formal performance discussion involves notifying the employee in writing, presenting specific examples of underperformance, and creating a performance improvement plan with measurable goals and timelines. Ensure that the employee understands the issues clearly and document the conversation thoroughly.

There is no legal requirement around how many formal meetings should occur. To avoid an unfair dismissal claim, it is more about giving the employee every opportunity to improve and that you have followed a fair and reasonable process. Generally, three formal discussions are recommended. The first meeting is for setting expectations and offering support. The second includes a formal written warning, and if there is still no improvement, a third meeting may lead to termination if necessary.

Serious misconduct includes theft, harassment, safety violations, or showing up to work under the influence of drugs or alcohol. In such cases, termination can be immediate without notice, provided that a fair investigation and documentation are completed.

To avoid unfair dismissal claims, follow a fair process that includes giving employees clear expectations, providing opportunities for the employee to respond and improve, documenting all discussions, and ensuring that any termination is legally justified.

During the probationary period, set clear goals and regularly review progress with the employee. If performance issues arise, have a formal meeting, issue a written warning if needed, and set clear expectations. Document all steps to ensure a fair process.

Keep communication open and transparent with the team, especially after disciplinary actions. Reassess workloads, ensure support is available, and encourage feedback to maintain a positive work environment.

The required notice period depends on the National Employment Standards (NES) and the employee’s contract. For probationary employees, a one-week notice period is typical, while longer-serving employees may require more notice.

Employers can provide additional training, coaching, or access to resources like Employee Assistance Programs (EAP) to help employees meet performance expectations. It's also crucial to set realistic timelines for improvement.

Yes, written warnings are essential to demonstrate that the employee was given a fair opportunity to improve. Without documented warnings, the termination process may not hold up legally if challenged.