Poor Performance and/or Misconduct Policy

This Policy provides examples of what may constitute unsatisfactory conduct, misconduct and/or serious misconduct at the workplace to help protect your Company from unnecessary claims or disputes regarding the disciplinary process. Using this Policy also ensures that employees are provided with clear guidelines on what constitutes acceptable behaviour at the workplace.

Use this Policy if:

• You want to ensure clarity regarding expected standards of performance and conduct at the workplace;
• You would like to provide clarity on the difference between unsatisfactory conduct, and serious misconduct which may result in instant dismissal;
• You believe the Company would benefit from having a clear disciplinary process that can be followed depending on the frequency and/or severity of an employee’s poor performance or misconduct;
• You need to communicate the consequences of poor performance and/or misconduct at the workplace, including the Company’s right to take disciplinary action; and
• You want to protect your Company from any potential disputes or claims relating to the disciplinary process in the event of poor performance and/or misconduct.

What does this Policy cover?

• Expected standards of performance and behaviour at the workplace;
• Consequences of poor performance or misconduct at the workplace;
• A framework for managing poor performance or misconduct, depending on the frequency and/or severity of the issue;
• Examples of unsatisfactory conduct or misconduct;
• Examples of serious misconduct; and
• The right of the Company to vary the disciplinary process based on the specific circumstances of any performance and/or conduct issues.

Further Information:

• Poor performance or misconduct? How to tell the difference
• What is a summary dismissal?
• How to fire someone
• Small Business Fair Dismissal Code - How to dismiss an employee
• How often should employees have performance reviews?
• Performance Management Plan
• Employee Handbook