Underperformance is when an employee isn’t doing their job properly or is behaving unacceptably at work which includes:
- not carrying out their work to the required standard or not doing their job at all
- not following workplace policies, rules or procedures
- unacceptable behaviour at work (for example, telling inappropriate jokes)
- disruptive or negative behaviour at work (for example, constantly speaking negatively about the company)
Preventing underperformance
Steps that employers can take to help prevent underperformance include:
- listing behavioural and outcome expectations in position descriptions
- addressing any issues as soon as possible
- having regular performance reviews to outline expectations from the beginning
Addressing underperformance
If an employee underperforms, have a private meeting for the employee and employer to discuss the situation. Everyone in this meeting should be encouraged to:
- be clear about what the issues or concerns are and listen to the employee
- discuss and agree on a solution together
- set clear and reasonable steps for improvement
- document the meeting and outcomes
Warnings and disciplinary action
After the meeting, the employer may decide to take (not take) disciplinary action against an employee because of their underperformance including a written warning or a written counselling.
Before the warning or counselling is issued the employer should ask the employee to respond as to why the counselling or warning should not be issued. This step is natural justice which all employees are entitled to receive.
Continued poor performance
There is no general rule that an employer has to give an employee 3 warnings, or even 1 warning, before ending their employment, but an employer should usually give the employee a chance to fix any performance issues.
If the poor performance continues the employers should:
- Meet with the employee to outline in detail the continued poor performance. Carefully consider the employee’s response to the concerns about poor performance.
- If the employer decides to issue a final wring before the warning is issued ask the employee to tell you why a final warning should be issued. A final warning should say: “This is a final wring and if poor performance continues your employment will be terminated”.
- The Fair Work Commission will look at the warnings and the process surrounding the warnings when deciding if the termination of employment was not harsh, unjust or unreasonable.
For help with performance management issues at your workplace ring for a free of charge consultation. Ring John on 0407 069 507.
