If your business has an issue with an underperforming employee, we can advise and assist in all aspects of undertaking a lawful performance management plan.
We can assist you in preparing the relevant documents and advise you in respect to:
- How to manage the performance management, including ways to reduce the risk of an unfair dismissal or general protections claim being made.
- How to prepare a performance improvement plan.
- How to implement the plan and deal with issues arising from it implementation.
- If the desired level of improvement has not been achieved, we can advise what steps need to be taken to lawfully terminate the employment.
If performance management is not done correctly, your business can be exposed to unfair dismissal or general protections claims. It is important to obtain the correct advice to minimise this from happening.
Excessive personal texting for a private side business whilst at work a valid ground for dismissal
By MKI Team
/ 23/05/2022
A growing side business A health and safety manager began full-time employment in December 2020. In February 2021, the manager...
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Changes to Casuals under the Fair Work Act 2009 (Cth) – What You Need to Know
By Zoe Kalimeris
/ 12/07/2021
On 27 March 2021, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 came into effect, amending...
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Repeated instances of inappropriate, unprofessional conduct and neglect of duties found to be valid reasons for termination
By Ann Thampoe
/ 23/10/2020
Repeated instances of inappropriate, unprofessional conduct and neglect of duties found to be valid reasons for termination Case background The...
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Stand down during COVID-19 Pandemic
By Zoe Kalimeris
/ 08/06/2020
Coronavirus or COVID-19, has changed the way in which most of us do work, including working from home and/or implementing...
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How to deal with your employees if COVID-19 has reduced your income
By Meagan Hillier
/ 03/06/2020
How to deal with your employees if COVID-19 has reduced your income If your business has been impacted by...
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10 Things You Should Never Do When Terminating Employees
By Nicholas Marouchak
/ 25/03/2020
Don't fire an employee for no reason In considering whether a dismissal was harsh, unjust or unreasonable, the Commission will...
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UNDERSTANDING PERFORMANCE MANAGEMENT AND PERFORMANCE MANAGEMENT LAWS IN WA
By Nicholas Marouchak
/ 21/08/2019
What is underperformance? Employees are expected to perform the tasks assigned to them to the standards set by the employer....
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FWC Orders Compensation for Employee over ‘Surprising’ Dismissal : Lessons from bullying and harassment lawyers
By Nicholas Marouchak
/ 16/08/2017
The recent case of Steven Biffin v XL Express Pty Ltd T/A XL Express [2017] FWC 3702 highlighted a number...
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Employment Unfair Dismissal: FWC Reminds Employers on How NOT To Dismiss Employees
By Nicholas Marouchak
/ 31/07/2017
In Veronica Bennett v Colin Joss & Co Pty Ltd, an employer’s manner of handling the dismissal of an employee...
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A Not So Idyllic Farm: Case Example By Employment Solicitors, Perth
By Nicholas Marouchak
/ 23/05/2017
In Pomering v Ronpom Pty Ltd T/A Millers Turf Farm [2017] FWC 1948, a family-managed farm was the scene of...
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