top of page
How to Manage Staff Performance & Conduct with Confidence
Let’s face it—dealing with underperforming or misbehaving staff can feel like being trapped in a real-life soap opera, with plot twists, dramatic exits, and, yes, sometimes even tears.
Download Your Free Whitepaper: How to Manage Staff Performance & Conduct with Confidence
Managing performance and conduct issues can feel daunting, but with the right approach, you can tackle them head-on, stay legally compliant, and keep your workplace running smoothly.
Simply fill in the following form and access your free How to Manage Staff Performance & Conduct with Confidence
1300 913 741
Performance Management Doesn’t Have to Be Painful
Performance management is more than just ticking boxes and having awkward conversations; it’s about steering your team toward success while keeping morale high and avoiding those dreaded unfair dismissal claims. This guide will show you how to manage performance and conduct issues—step by step.
-
What is the first step in addressing an underperforming employee?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.
-
What should be included in a formal performance discussion?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.
-
How many formal performance discussions are necessary before termination?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.
-
What constitutes serious misconduct that could lead to immediate dismissal?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.
-
How can employers avoid unfair dismissal claims?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.
-
What is the best approach to managing probationary employees?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.
-
How should managers handle performance management while maintaining team morale?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.
-
What notice is required when terminating employment for poor performance?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.
-
What support can be provided to employees during a performance improvement process?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.
-
Is it necessary to provide written warnings before terminating an employee for poor performance?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.
bottom of page