Disciplinary action and performance management
A. Introduction
As an employer, you will be faced from time to time with the problem of an employee who is not performing to a standard required by you. How can you address this issue with the employee? What steps do you need to undertake before any termination of employment is likely to be regarded as fair?
Alternatively, you may be faced with a situation where an incident has occurred where you think the employee concerned has acted improperly. For example, the employee might have become involved in a fight or provided fraudulent documents. How should you approach this situation?
It follows that there are two major categories of conduct which are the subject of performance management or disciplinary action (which may include termination of employment):
a.
b.
performance related conduct; and inappropriate conduct or misconduct.
B. Poor performance
Apart from issues of misconduct, the usual reason for wishing to terminate an employee’s employment is that they are not performing their job to the employer’s satisfaction. Proper consideration must be given by the employer to the issue of whether the employer has done everything reasonably in their power to assist the employee to meet these expectations:
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There should be a clear position description;
Clear goals and achievement timeframes should be established which are reasonable; Performance should be regularly reviewed using a performance review/appraisal process which helps the employee to understand which areas they are doing well and which areas they are not doing so well and provide opportunities for training and improvement;
If, after a reasonable time, the employee’s performance still does not meet expectations, then it