breakfast briefing 5 - performance management
TRANSCRIPT
BREAKFAST
BRIEFING 5 Performance management
1
WELCOME
This session will discuss
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• Issues
• Risk management strategies
• Case studies
• Q&A
PERFORMANCE MANAGEMENT
UNDERPERFORMANCE
What is it?
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Unsatisfactory work performance, that is, a failure to perform the duties of the position or to perform them to the standard required
Non-compliance with workplace policies, rules or procedures
Unacceptable behaviour in the workplace
Disruptive or negative behaviour that impacts on co-workers
PERFORMANCE MANAGEMENT
UNDERPERFORMANCE
What isn’t it?
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Misconduct
Disability Disciplinary
PERFORMANCE MANAGEMENT
UNDERPERFORMANCE
Common reasons
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• An employee doesn’t know what is expected because goals and/or standards or workplace policies or consequences are not clear (or have not been set)
• Interpersonal differences
• There is a mismatch between an employee’s capabilities and the job they are required to undertake, or the employee does not have the knowledge or skills to do the job expected of them
• An employee does not know whether they are doing a good job because there is no counselling or feedback on their performance
• Lack of personal motivation, low morale in the workplace and/or poor work environment
• Personal issues such as family stress, physical and/or mental health problems or problems with drugs or alcohol
• Cultural misunderstandings
• Workplace bullying
PERFORMANCE MANAGEMENT
RISK MANAGEMENT
Strategies
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• Identify and act
• Doing nothing is not an option
• Probationary periods
PERFORMANCE MANAGEMENT
RISK MANAGEMENT
Process
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• Clear procedures
• Organisational support
• Training
• Workshops
PERFORMANCE MANAGEMENT
Performance development plan
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Performance issue
Acceptable Time to improve
and potential consequences
Support mechanisms
Training
Unacceptable
Identify and specify
PERFORMANCE MANAGEMENT
PROCESS
Risks
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Poorly defined goals or objects
Consequences not set out
Insufficient time and/or support to improve
Unreasonable management action
PERFORMANCE MANAGEMENT
PROCESS
Risks
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• Unfair Dismissal claims
• Discrimination claims
• Adverse action claims
• Breach of contract claims
• Workers compensation claims
CASE STUDIES
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• John Cesna v Comcare [2011] AATA 673
• Khiani v Australian Bureau of Statistics [2010] FCA 1059
• Anne Warner v Insurance Australia Group Services Pty Ltd
[2012] FWA 10813
Questions?
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Further questions?
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Pat Mullins
Partner
Mullins Lawyers T (07) 3224 0350
Sam McIvor
Partner
Mullins Lawyers T (07) 3224 0323
PERFORMANCE MANAGEMENT