Managing Poor Performance and Misconduct – Avoiding Pitfalls of the Disciplinary Process

Managing Poor Performance and Misconduct: Avoiding Pitfalls of the Disciplinary Process 

In today’s dynamic workplace, managing poor performance and misconduct is a critical aspect of maintaining a productive and harmonious environment. Claire Harrison, Managing Director at Harrisons, provides valuable insights into this topic through her presentation “Managing Poor Performance and Misconduct – Avoiding Pitfalls of the Disciplinary Process.” 

Setting the Stage for Success 

From the outset, it’s essential to set clear expectations for employees. This involves defining performance objectives, behaviours, development goals, and career aspirations. By establishing these priorities from day one, employees understand what is expected of them and how their performance will be measured. 

The Importance of Regular Feedback 

Regular feedback is crucial in maintaining high performance. This includes both formal and informal mechanisms, such as regular check-ins and in-the-moment feedback. The goal is to ensure there are no surprises during performance reviews and to address any issues promptly. 

Identifying Reasons for Underperformance 

Several factors can contribute to underperformance, including a lack of feedback, a mismatch between an employee’s capabilities and job expectations, and personal issues such as family stress or substance abuse. It’s important to identify these factors early and address them appropriately. 

Distinguishing Between Underperformance and Misconduct 

Underperformance and misconduct are distinct issues. Misconduct involves behaviour-related problems such as bullying, sexual harassment, theft, fraud, or assault, which at their worst, may warrant dismissal. It’s crucial to seek advice before taking any action in cases of misconduct. 

Steps to an Effective Disciplinary Process 

Claire outlined a seven-step disciplinary process to handle performance and conduct issues effectively: 
  1. Investigate: Gather evidence objectively, focusing on behaviour rather than the person. 
  2. Notice: Notify the employee of the meeting in writing for serious cases, and document each step. 
  3. Allegations: Clearly explain the allegations and provide evidence. 
  4. Response: Listen to the employee’s side of the story and document their response. 
  5. Consider: Genuinely consider all information gathered without a pre-determined outcome. 
  6. Outcome: Determine the appropriate action, which could range from no action to dismissal. 
  7. Monitor: Follow up with the employee and monitor their progress. 

Supporting Documentation 

Having the right documentation is essential in the disciplinary process. This includes performance and misconduct policies, probationary policies, performance management checklists, and templates for notices, warnings, and termination letters.    By following these steps and maintaining clear communication, managers can effectively address performance and conduct issues while avoiding common pitfalls. Claire Harrison’s presentation provides a guide to managing these challenges and ensuring a fair and productive workplace.  For more information and support contact the Harrisons team at www.hhr.com.au or give us a call on 1300 001 447. 
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