Posts: Performance Management

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Performance Management

The importance of effectively understanding and communicating performance issues

Soft(ware) skills

Performance management is a challenging process, which can be further complicated when employees are working remotely.

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Workplace Relations Review

Cases and Legislation July 2019

Workplace investigations and the disciplinary process, labour hire company convicted, review of Miscellaneous Award 2010, recruitment, criminal records and discrimination, sports Law - player suspensions and stand downs

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Key takeaways from our webinar ‘Managing Workplace Behaviour’

The Standard is the Standard

Workplace Law’s managing director, Athena Koelmeyer, recently presented our webinar entitled ‘Managing Workplace Behaviour’ during which she discussed many of the challenges faced by employers when it comes to managing workplace behaviour.

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The importance of correctly characterising employee conduct

In the driver’s sheet

Employers regularly have to deal with issues relating to employee behaviour, work performance and misconduct.

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FWC warns of abuse of stop bullying jurisdiction

The Stalking Horse

It has unfortunately become a common occurrence for employees who are subject to management action to immediately seek redress by filing a claim against their employer (or other employees) alleging things such as adverse action, discrimination or bullying.

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Best practice for dealing with poor performance issues

Better safe than sorry

Performance issues can be some of the most difficult for employers to manage and when performance management results in disciplinary action, employers need to be on the front foot to protect their interests and ensure compliance with the Fair Work Act 2009 (Cth) (FW Act).

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Dismissed employee’s illnesses not enough to defer performance management processes

PIPped at the post

A failure to take into consideration an employee’s health concerns during a performance management or disciplinary process may not only place an employee’s health at further risk but can also increase an employer’s exposure to claims under employment, workers compensation, bullying or discrimination laws.

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How to deal with latecomers in the workplace

“I’m late; I’m late, for a very important date!”

In a recent Fair Work Commission decision the FWC commended the Employer for its process in terminating the employment of a habitual latecomer.

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Reasonable Management Action and Employee Meetings

We need to talk...

The ability to counselling employees about their effectiveness in the workplace is important for employers. Unfortunately, not all employees respond to counselling meetings as productively and openly as employers might hope.

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How workplace conflict can become bullying behaviour

School’s out

Left unaddressed, workplace conflict can sometimes evolve into allegations of bullying behaviour. A recent decision by the Fair Work Commission (FWC) highlights how the working relationship between a school teacher and Principal deteriorated to the point that an application for an order to stop bullying was made.

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The perks and pitfalls of texting in the employment relationship

I’ll txt u the deets

Text messaging is a good way for people to communicate as messages are generally short meaning senders stick to the point and messages are direct to a person’s phone. Unfortunately there are some major drawbacks to the use of text messaging in the employment context and we have noticed a steady increase in cases before the Fair Work Commission (FWC) where text messages have contributed to the situation in dispute.

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Employee awarded compensation after employer sidesteps representative

I’ll get my people to call your people

Allegations of workplace bullying can present some of the most demanding circumstances that an employer will face in the course of the employment relationship. There is the initial response to consider, an investigation, the possibility of counter allegations and, of course, the potential involvement of lawyers and unions.

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Best practice for dealing with poor performance issues

Better safe than sorry

Performance issues can be some of the most difficult for employers to manage and when performance management results in disciplinary action, employers need to be on the front foot to protect their interests and ensure compliance with the Fair Work Act 2009 (Cth) (FW Act).

Read more...

Reasonable management action and psychological injuries

Under new management

Workers compensation legislation in each jurisdiction provides a “reasonable management action” defence or exception to claims of alleged psychological injury. The defence states that where an employee suffers a psychological injury as the result of management action, the employer will not be liable for that injury if the management action was reasonable and carried out in a reasonable manner.

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Workplace conversations & resilience – Don't be afraid

“We need to talk...”

Modern day employers are increasingly required to adapt to the sensitivities of their employees – particularly when needing to raise performance issues.

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