Performance Management recap

Virtual Education Session Recap

Performance Management recap

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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

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