We understand that being on a performance management plan can cause uncertainty, worry and stress.
We also find that businesses sometimes unlawfully place employees on a performance management plan, where the motives for performance management are not because the employee has genuine performance issues, but for some other reasons (which may be unlawful).
We have assisted many clients successfully resolve performance management issues. We can assist you by:
- Advising you of the steps to take to protect your rights.
- Advising you on how to successfully complete the plan, address the issues raised, so you can stop being performance managed.
- Help put you back in control by enforcing your rights – this may help you reduce the anxiety and stress often associated with performance management.
Ghost-write documents on your behalf
We can prepare documents on your behalf which respond to the alleged performance deficiencies.
We can ghost-write documents for you, which means that we’ll prepare the documents and you send them to your employer. In this circumstance, your employer will not know that you are receiving legal advice as our name does not appear in any of the documents.
Formulate a strategic plan
We can develop a plan on how to address the alleged performance deficiencies, how to respond to your employer and what steps you should take to protect your rights.
Negotiate a transfer or redeployment (if you want this)
We can assist you in negotiating with your employer for a transfer to another department or to be redeployed elsewhere within your employer’s enterprise.
Negotiating a mutual separation (if you want this)
If needed, we can advise and represent you in negotiating a mutual separation.
This may involve you resigning in exchange for financial compensation. We will prepare all the settlement documents to ensure that your rights are protected and advise you on quantum of compensation that is fair.
Preserve your legal interests
We can advise you on what steps you need to take to protect your legal rights.
Sometimes employees are placed on performance management plans unlawfully, such as in circumstances where it is a breach of the general protections provisions of the Fair Work Act 2009.
Commencing proceedings if your employment is terminated or while you are still employed (only if needed)
We can commence proceedings on your behalf if you are terminated or while you are still employed.
We often lodge the following claims in circumstances where our clients have been performance managed:
Contravening a modern award makes employer liable for payment of backpay to underpaid employees and civil penalties
Repeated instances of inappropriate, unprofessional conduct and neglect of duties found to be valid reasons for termination
Secretly recording disciplinary meetings with your manager is a valid cause for dismissal
Pecuniary penalty awarded to employee made to do unpaid “dips” before a shift
Refusing a pregnant employee’s return to work – an adverse action prejudicial to employment for which employer meted civil penalty
Coughing in co-employee’s face is a valid reason for dismissal
Pre-school teacher’s resignation upheld as constructive dismissal & wins her old job back after going for unfair dismissal
Farm Manager Forced to Resign Wins Unfair Dismissal Claim
It’s my wife or your job: Failing to please the boss’s wife is not a valid ground for dismissal
