Home' Australian Automotive Aftermarket Magazine : Australian Auto Aftermarket e-Zine - Feb 13 Contents 40 AUTOMOTIVE AFTERMARKET MAGAZINE FEBRUARY 2013
If an employee's performance is not
meeting your expectations, when
implementing steps to manage the
situation you must ensure that you follow
the procedural fairness principles as per
the Fair Work Act 2009 (Cth).
As the employer, firstly you need to
meet with the employee to raise the areas
of poor performance or misconduct and
provide the employee an opportunity to
You also need to identify a reasonable
timeframe where the employee's
performance will be reviewed (e.g. in one
month) to determine whether the
performance has improved.
How to manage performance
When disciplining an employee, you
must ensure that the process provides fair
and equitable treatment for those involved
in the disciplinary or performance process.
Fair and equitable treatment should
involve the following:
• Outlining to the employee the expected
standards regarding behaviour and
performance and what the possible
consequences may be if they do not
• Ensure you are applying 'due process'
for resolving performance and behaviour
• Ensure discipline is used in a
constructive way and provides an
opportunity for improving performance
or behavioural issues
• Complies with legislative requirements
• Ensure that you openly communicate
and consult with the parties involved.
On commencing performance or
disciplinary management, you must meet
with the employee to discuss how parties
are going to commit to improving the
When requesting an employee to attend
a disciplinary meeting and/or undertake
performance management, the following
guide will ensure that you or your
management team will satisfy the
procedural fairness requirements.
1. Request the employee to attend the
performance management discussion.
Advise of the location and time in
2. When inviting the employee to the
meeting, you need to afford them an
opportunity to bring a support person.
3. Ensure there is an appropriate gender
balance in the meeting (i.e. do not have
two male managers instructing a
4. Prior to the meeting draft a clear
outline of the identified performance
issues that you will be discussing.
Group these issues together (i.e. team
work, customer service, absenteeism).
5. Prepare for the meeting; know the
issues, provide examples, put bullet
points in order and refer to them often
so that you stay on track.
6. When commencing the meeting,
explain the structure of the meeting
a. Introduce all parties and their role,
e.g. the manager, support person
b. Identify the
c. You will then provide the employee
an opportunity to respond and
d. Offer a commitment from
management as to how you can
support the employee to improve
7. When providing the employee an
opportunity to respond, the employee
may want to confer with their support
person privately before responding.
8. Agree on how to go forward by
developing a structured performance
management plan with timeframes,
review periods, expected outcomes,
training and development and/or
9. All parties need to commit and sign off
on the performance management/
improvement plan. The employee must
receive a copy of the plan.
Note: the employee should be given
an opportunity to have 'buy-in' to
the performance management/
improvement plan. While the manager
may outline some necessary points, ask
if the employee has any further
suggestions. Let the employee have a
few days to consider the draft plan
before finalising it.
10.If the employee's performance does not
improve within the timeframe,
disciplinary action (i.e. a formal written
warning, termination of employment)
may need to be taken.
You must document the performance or
disciplinary process, particularly the
performance management meeting, as you
may need to rely upon this information to
minimise any risk against an adverse action
or unfair dismissal claim in the future.
HOW TO MANAGE A POORLY
AAAA Employer Assist regularly receives calls from employers asking, "How do we manage an employee who is not
meeting their role's expectations?"
AAAA Employer Assist can assist you through the disciplinary process, including
performance management planning, performance improvement options or drafting of
workplace policies. Developing structured workplace policies educates the workforce
on employment procedures but more importantly ensures you and your management
team are meeting your performance management obligations as per the Fair Work Act
2009 (Cth). Just call for an obligation free discussion if (or when) performance
management or disciplinary issues arise within your workplace.
For further assistance with any staffing related enquiry, contact the AAAA Employer
Assist team on 1300 735 306.
We look forward to hearing from you.
Gwen McIlroy and the AAAA Employer Assist team.
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