Performance management is often carried out when an employee is underperforming or doing their job in an improper manner. Not working to the expected standard, not adhering to workplace policies and disruptive behaviour can all warrant an employee being performance managed. But what if your employer doesn’t have a valid claim for subjecting you to unfair performance management?
Before the performance management process commences, it is important to justify the gravity and longevity of the concerns to be raised. If an employer does not have valid claims to carry out performance management, this could be considered unfair and give rise to an unfair dismissal claim if the employee were to be terminated.
Fair performance management must be completely transparent. All employees must be performance managed in the same way (hence why a performance management policy can prove useful) and all employees must understand the concerns and solutions in place to improve performance.
For performance management to be carried out in a fair manner, a private meeting must be called where the employer discusses their concerns with their employee. The issues and concerns raised must be made clear to the employee and they must have the opportunity to respond. It is vital that minutes of the meeting are kept.
Employers must issue a formal notice of the meeting which contains the following;
- Date and location of the meeting
- Name and position of people attending the meeting
- The employee is entitled to bring a support person
- Reason the meeting has been called
- Outline of topics to be discussed
During the course of the meeting it is important to compile a formal performance plan where all the expectations of the employee are raised. Once two performance plans have been made and not adhered to by the employee, termination can be considered as the next course of action.
If you are concerned that your process of performance management was not procedurally fair, please do not hesitate to call us on (02) 9199 8597or email us to know your rights.
The information contained in this post is current at the date of editing – 25 February 2025.
