HTML Preview Final Warning Letter For Poor Performance page number 1.
DISCIPLINARY PROCEDURES &
TERMINATION OF EMPLOYMENT
Introduction
Whilst management sets guidelines and procedures, the operation of the company substantially relies on
the employees. Underperformance or poor performance can lead to unhealthy and unproductive
workplaces and so it is crucial that it be addressed promptly in an organised manner. Underperformance
is distinct from misconduct, which is very serious behaviour such as theft or assault and which may
warrant summary (instant) dismissal. If you suspect that misconduct has occurred in your workplace, you
should contact LPA for advice.
Underperformance can be exhibited by employees in the following ways:
• unsatisfactory work performance, ie. a failure to perform the duties of the position or to perform
them to the standard required;
• non-compliance with workplace policies, rules or procedures;
• unacceptable behaviour in the workplace;
• disruptive or negative behaviour that impacts on co-workers;
• failure to obey a lawful direction.
Ongoing feedback and discussion about performance issues in the open can assist the supportive culture
of a business. Most importantly there needs to be a clear system for managing underperformance in a
workplace and an intention to solve the matter in a positive manner. A clear performance management
system generates more credibility and consistency, assists the productivity of the business and ensures
that the employees are aware of the expected level of performance for their duties.
Minimum Employment Period
In accordance with the provisions of the Fair Work Act 2009 (the Act), employees may not have a claim
for unfair dismissal in the following periods:
• the first 6 months of employment where the employer employs more than 15 employees; and
• the first 12 months of employment where the employer employees less than 15 employees
(includes casual employees and is based on a simple head count) (a Small Business Employer).
Therefore during either the first 6 or 12 months (as the case may be), should an employee’s performance,
attitude or behaviour not be up to the standard required, the employer has the ability to terminate the
employee’s services without the fear of having an unfair dismissal case taken against them by the
employee.