It is important that unsatisfactory performance be distinguished from unacceptable behaviour.

Unsatisfactory Performance

Unsatisfactory performance is a failure to perform the duties of the position or to perform the duties to the standard required. Examples include, but are not limited to, unsatisfactory work content in terms of quantity and quality, regular unexplained absences from the workplace, not following a workplace policy.

Unacceptable Behaviour/Conduct

Unacceptable behaviour usually involves deliberate, inappropriate or unethical action on the part of the employee. Examples include, but are not limited to, harassment, workplace bullying, sexual harassment, discrimination, abuse of power, participating in a conflict of interest.

Serious Misconduct

Examples of serious misconduct include, but are not limited to, theft, fraud, assault, being intoxicated at work, refusing to carry out a lawful and reasonable instruction that is part of the job and conduct that causes serious and imminent risk to health or safety of a person or the reputation, viability or profitability of the Employer.

Disciplinary action may be taken in response to any:

• Unsatisfactory performance
• Unacceptable behaviour/ conduct
• Willful or serious misconduct

Ensure employees are treated fairly, equally and consistently.  

A good performance management process is one that is fair, consistent, and treats all employees equally. This process should be followed from the time an employee is hired until the time of their termination. By following a good performance management process, you can ensure that your employees are treated fairly and consistently, which will lead to a more positive work environment.

Ensure issues are reviewed only on the circumstances of each situation and addressed objectively and without bias.

A good performance management process ensures that issues are only reviewed on the circumstances of each situation.

Provide employees with the opportunity to correct unacceptable conduct (other than in situations where summary dismissal is appropriate).

A good performance management process ensures that employees are given a fair chance to improve their performance before any termination decisions are made. The process should also be transparent, so that employees know what is expected of them and can see how their performance is being measured. The process should be regularly reviewed.

Provide an opportunity to respond to allegations

Ensure the principles of natural justice are maintained throughout the process. In any performance management process managers should ensure that the employee is given a chance to respond to allegations (whilst meeting Fair Work requirements for support persons, notice of meetings).

Decide on what action should be taken

The disciplinary action taken may vary from case to case, depending upon the circumstances, including a consideration of whether the employee has received any prior verbal or written warnings in relation to their performance or conduct.

In the event that informal or formal disciplinary action is taken, the employee needs to be advised of the possible consequences of failing to implement corrective/ agreed upon actions.

Examples of informal disciplinary action which may be taken include, but are not limited to, the following:

• Redirection, retraining.
• Reorganisation/redeployment/reallocation of duties.
• Counselling.

Informal disciplinary action is not appropriate where the employee’s conduct amounts to wilful or serious misconduct.

Formal Disciplinary Action

Examples of formal disciplinary action which may be taken include, but are not limited to, the following:

• Verbal warning.
• Written warning.
• Termination, including summary dismissal in circumstances of serious or wilful misconduct.

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Need help conducting performance reviews? Reach out today! Contact (07) 4051 737 or send us an email at hr@hrdynamics.com.au

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