Performance Management virtual education session
Back
Performance Management, virtual education session recap
Presented by Melody Martin, Senior Associate, Legal & Workforce, Peak Services Legal
Download the slides here
Where do all the rules come from
- Legislation –Industrial Relations Act 2016, Local Government Regulation 2012;
-
Case law – interprets legislation and establishes its own body of law (common law);
-
Enterprise/Certified Agreements or Awards;
-
Individual employment contracts;
-
Policies and procedures.
Performance Management or Misconduct?
-
Performance Management concerns how an employee does their job;
-
Misconduct concerns how an employee behaves in the workplace.
Different Processes
- Performance management;
- Misconduct disciplinary process.
What is Serious Misconduct?
- Unacceptable conduct or behaviour;
- Use the checklist to follow processes and improve performance
Process Requirements
- Informal performance management;
- Formal performance management;
- Disciplinary action for poor performance;
- Local Government Regulation 2012
- Keep a record
What if the employee makes a complaint?
-
Workforce complaints made before a performance or disciplinary process;
-
Workforce complaints made during a performance or disciplinary process.
Risks for Employers
- Bullying claim
- Unfair dismissal claim
- General protections claim –(adverse action) –both during and after employment
- Discrimination claim
- Workcover claim
- Work health and safety issue