To avoid investigation with Fair Work Australia, employers (of all sizes) must practice procedural fairness that gives the employee an opportunity to respond to allegations of poor performance and allow them reasonable time (and support, if appropriate) to improve.
You must clearly set an expectation and ensure that the expectation is fair in the circumstances.
Contrary to popular belief, the 3 warnings then you’re out rule is not a fair basis for dismissal and a termination could still easily be challenged as being ‘harsh, unjust or unreasonable’ even with 3 supposed ‘warnings’. You may think that you do not have to meet the same level of conduct if you’re a small business but the Small Business Fair Dismissal Code applies to you and the guidelines below still stand.
To ensure you professionally manage performance expectations employers of all sizes should:
1. engage with the employee in open and fair discussions
2. use written warnings to specify problems with their performance
3. operate in good faith to provide any support (e.g. training) that may be necessary and
About The People Department
The People Department was created so that great people management practices could be accessible to businesses of all sizes. Co-founded by Angela Becroft and Samantha Baker, Sam, Ang and the team have had long careers in Human Resources and business management in start-ups and multi-nationals both in Australia and overseas and across many different industries.
Disclaimer: Please note that this information in this post or links does not constitute legal advice and should not be relied upon as such. The People Department does not accept liability for any loss or damage that may arise from any such reliance.