IR & LEGAL UPDATE a. Provide the employee with an opportunity to respond to the performance issues which have been raised and clarify why their performance has been below expectations. For example, there may be circumstances that you do not know about, e.g. an illness or other personal circumstances. b.Detail what needs to be done to improve work performance, as well as what you can do as an employer to reasonably accommodate or assist the employee. c. Set a timeframe within which an improvement in work performance needs to occur. 3. If your employee is given a formal warning they should be provided with written correspondence to this effect. The written warning should also reiterate the timeframes for improvement, a plan for improvement and the consequences to the employee if there is no adjusted. Ultimately, if you come to the improvement in work performance ULTIMATELY, IF YOU (e.g., further disciplinary action and COME TO THE CONCLUSIONconclusion that termination is appropriate ultimately termination). then you should invite your employee to a THAT TERMINATION IS formal meeting to advise them of this, offer Your role as manager: APPROPRIATE THEN YOU them the opportunity to have a support A key task as manager is to identify SHOULD INVITE YOUR person present, and give clear reasons the reasons for underperformance. EMPLOYEE TO A FORMAL for your decision to terminate. After the Factors to consider include: termination meeting, your employee should •Did your employee clearly know what MEETING TO ADVISE THEM be provided with a letter formally stating the was expected of them, including key OF THIS, OFFER THEM THE reasons for the termination. deadlines? OPPORTUNITY TO HAVE A It is also important to ensure that •Do they have the proper skills sets to SUPPORT PERSON appropriate records are kept demonstrating perform the role in the first place, and if the performance management process. For not is it possible to upskill them? PRESENT, AND GIVE CLEAR example, you should detail specific meetings •Have they been able to get away with REASONS FOR YOUR which you have with the underperforming poor performance in the past without DECISION TO TERMINATE employee in order to record what you being disciplined? Are other employees discussed and what the outcome of those being treated differently? discussions were. Of course, retain copies of this. Depending upon the circumstances any formal letters of warning sent to them. Proceeding to termination of the given case, the above process If your employee’s performance does not may be repeated, and the performance Small business employers? improve then they should be advised of management plan may needs to be A small business employer, that is, an employer with fewer than 15 employees based on a simple headcount is able to IR & Legal Events for June-November utilise theSmall Business Fair Dismissal Date Event Where CPD points? Code. The code provides protection against unfair dismissal claims, and can be found at 17 August Webinar Online 1 the Fair Work Commission’s website. The 30 August IR & Legal Session Fyshwick 1 commission can deem a dismissal to be fair 5 September Goulburn Information Session Goulburn 2 if the employer follows the code and can 11 September Cooma Information Session (am) Cooma 2 provide evidence of this. 11 September Merimbula Information Session (pm) Merimbula 2 12 September Moruya Information Session Moruya 2 I am here to assist you, whether it be 27 September IR & Legal Session Fyshwick 1 regarding contracts, employees, rates 16 November Webinar Online 1 of pay, licensing, and/or compliance – please do not hesitate to contact me if 29 November IR & Legal Session Fyshwick 1 you do have any queries. Phone: 02 6285 7302 or 0420 977 437 Keep your eye on your email and the Events tab on the website for further information Email: k.burt@hia.com.au regarding these events. P12 BUILDING NEWS ISSUE 3/2018