Performance Management Law - What To Do If You’re Managed?

Below are some information which we hope will assist you if you are being performance managed in the workplace.

If you have any questions, we are happy to discuss your circumstance without charge to see if we can assist you further.

Obtain the relevant policies and procedures.

Obtain a copy of the relevant disciplinary policies and code of conduct policies which are relevant to performance management. Your employer may not have these policies, but if they do, it’s important that they follow these policies.

By understanding and reading the policies, you will know what to expect next and how the performance management will unfold.

We find that knowing what happens next assists in reducing the anxiety associated with performance management.

If the policies and procedures are not being followed, you have the right to make a complaint to your employer about this.

Ask questions.

If you do not understand anything regarding your performance management, it is important to ask questions and have all your issues clarified.

Some questions you may want to ask are:

Understand clearly when meetings are scheduled to happen.
Understand what deadlines are in place for you to achieve the objectives under the performance management plan.
Ask for support to adhere to the plan, including additional training, additional time off work to undertake the relevant tasks to adhere to the plan.
If unclear, ask for specific examples of alleged underperformance.
If there are any other ambiguities or matters that are unclear in your performance plan, ask for these ambiguities to be clarified so you have a clear understanding of how you are allegedly lacking in your duties.
Make sure you understand properly what outcomes are expected of you from management to successfully complete the performance management.
Ask what are the likely outcomes if the performance management plan is not successfully achieved by you.

Make sure there is transparency and equal treatment.

Ensure the way that you are performance managed is the same way that other employees are performance managed in the workplace. Raise any issues of non-transparency or differential treatment with management.

Ask for a support person.

If termination of your employment is a possibility, you can ask for a support person to be present with you at all meetings relating to your performance management. The support person is not an advocate but someone who provides you with emotional support and assistance.

Keep records.

Keep records of all correspondence and documents relevant to your performance management. At meetings, take notes of all the matters that are discussed. If you are ultimately terminated, you may have a claim for unfair dismissal and general protections, and these notes will assist you if you are unlawfully dismissed.

Get union or legal advice.

Get advice from a union member or a lawyer to assist you in dealing with the performance management.

A legal advisor can assist you in advising you of your rights, creating a strategic plan on how to approach the performance management, and drafting documents or correspondence in response to the performance management.

Visit our How We Can Assist You page for information on how we can help you with your performance management.