Performance Management Practices

Performance management practices look like an HR exercise until a dismissal is challenged, at which point they become evidence.

In an unfair dismissal matter the tribunal considers, among other things, whether there was a valid reason relating to capacity or conduct, whether the person was notified of it, whether they had an opportunity to respond, whether they were warned about unsatisfactory performance before dismissal, and whether a support person was allowed at relevant discussions.

Read that list backwards and it describes the practices worth having. Concerns raised at the time rather than saved up. Written records of what was said. A genuine chance to improve, with support and a period long enough to show it. And a warning that is clearly a warning rather than a hint.

The Fair Work Commission sets out these considerations. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s performance improvement plans and performance management system.