Performance Management recap

Performance Management, virtual education session recap

Tuesday, 16 November 2021

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

Watch the online replay here

For more information, or to discuss your workplace situation with our legal team, please contact Melody Martin directly at mmartin@wearepeak.com.au or phone 07 3000 2148