Comments on: How to get rid of underperforming employees the legal way

By: Rodel Oli

Rodel Oli — Thu, 13 Jan 2022 10:38:52 +0000

What if your boss says you’re go for unpaid leave effective immediately.
Does it mean you’re being terminated or fired?

By: victor

victor — Tue, 18 May 2021 16:42:30 +0000

what if i as a manager get instructed by the owner of the business to dismiss a staff member for underperformance though i fell the company didn’t take proper procedure to arrive on that decision

By: Alana

Alana — Mon, 16 Jul 2018 22:50:19 +0000

In reply to Jessica.

Id first try to establish the reason they won’t sign. A PIP should be agreed upon by both. If you have drafted it up without their input that’s where the hesitation might be coming from. There may be just one item they don’t agree with and if a small tweak is made they will be happy to work towards that plan. If they don’t want to sign it’s likely because they don’t agree with it or don’t think it’s achievable. Ask what woukd need to be different in it for it to be achievable and negotiate from there. You still need to see a change and improvement in performance but you may able to create a win win. Then unfortunately you may have to go down disciplinary path if you can evidence the underperformance and establish they are refusing to undertake steps towards improvement, that the employment relationship is no longer tenable. By giving them a right of response in this process and documenting it you are covering yourself for any potential UFD claim that arises.

By: Alana

Alana — Mon, 16 Jul 2018 22:40:35 +0000

In reply to Walter. Hi Walter, if there is a pattern, for example their sick day is always a Wednesday or even if they have taken more then the 10 days accrued in a year I would first frame the conversation around that person's well-being and come from a place of care. As HR professionals we have usually seen it all and can be sceptical about intentions, however we have a responsibility to dig deeper. Maybe they have a mental health condition they have been too fearful to disclose or they are being called upon to help a family member going through a rough time. Instead of challenging the leave, try to find out why it is occurring and if there is anything that they need to help them. This way it let's the person know you are aware of it, but it may open the discussion to something deeper going on that can then be supported (flexible work arrangements or counselling for example). Hope that helps.

By: Jessica

Jessica — Mon, 16 Jul 2018 00:52:14 +0000

What happens if the employee doesn’t agree to sign the PIP? What are the legal implications for this?

By: Walter

Walter — Mon, 16 Jul 2018 00:14:58 +0000

We have an issue which seems to happen in a number of other companies and that is attendance reliability. A person who does not attend on more occassions than anybody else. The person always has a certificate which makes it difficult to do anything and he is in a poistion which requires a reliable person. It is also having an effect on other staff. Can anyone advise on the best course of action?

By: Ben Taylor

Ben Taylor — Thu, 09 Nov 2017 23:53:36 +0000

In reply to Peter Maguire.

Thank you, Peter. Too many times, the apparent failing of the individual is seen as ‘their fault’. Further consideration of the related matters – skills, standards, supervision, relationships – are not peripheral items but crucially related to the satisfactory performance of the role.

Great comment.

By: Tim Dein

Tim Dein — Wed, 08 Nov 2017 00:12:21 +0000

There is an additional first step – rule out the reason for under performance being the organisation’s fault, ie lack of training, supervision, wrong job for employee, poor technology, working environment. Then when that is pushed aside then consider personal circumstances, eg family/personal issues where an EAP might help. When all of this is dealt with, then deal with the employee through warning etc. It is likely that previous issues, rather than personal slackness, are the cause of underperformance for many employees.

By: Peter Maguire

Peter Maguire — Tue, 07 Nov 2017 22:51:46 +0000

The first step is to provide any employee new to a role or a business with clarity about what the required performance standards are with both the deliverables in the role and behaviour/conduct – both are aspects of performance (it isn’t just about what we do, it is also about how we do it).
The second is to ensure that the employee is equipped with the resources and relationships needed to perform the role effectively.
The third is to provide the employee with the knowledge and skills to perform the role in the way that you want them to, delivering the required outcomes.
The fourth is to have regular catch ups with the employee to discuss how the employee is going (with the role and behaviour/conduct) and to progressively develop and work to an individual performance and development plan.
The best way to head off performance problems is to equip the person to succeed and continuously support them in doing that.
If there are problems, you catch them early by having regular conversations. You also establish a great base of evidence if you have to then initiate formal action towards termination of employment.
Additionally, through such a proactive approach, there is a far higher likelihood that someone who is not a fit with a role or a business will come to realise that and move on of their own accord.

By: Mark Shaw

Mark Shaw — Tue, 07 Nov 2017 22:18:37 +0000

In my experience the use of performance improvement plans generally fails to deliver improved performance. An improved approach I have applied for many years is to focus on and solved the management problem caused ‘poor performance’.

Interestingly while conduct and behaviour are different, by focusing on the management problem, the same process can be used to address both types of issues.