Employment - Performance Issues Letter

This document is for use by employers managing an employee whose performance is below the standard required for the employee’s position.

You should not use this document if the employee is performing the job at the required standard but there are issues with the employee’s conduct or behaviour. We have a separate letter designed for employers who are concerned about an employee’s conduct or behaviour.

Before you start to build this document, use our Record of Discussion document and meet with the employee to discuss your concerns about the employee’s performance. You should not use this document unless you have met with the employee to discuss the performance issues.

If there is a risk that the employee might bring a claim as a consequence of the performance management process (such as a discrimination claim, an adverse action claim or a claim for unfair dismissal), we recommend that you speak to Law Central Legal (telephone: 08 9476 4999) for specific advice about managing the employee’s performance.

A word of caution... if you have a performance management policy and the employee’s employment contract incorporates your policies, you should ensure you comply with your own policy. If you are not sure about how to apply your policy, or whether it is incorporated into the employee’s employment contract speak to Law Central Legal (telephone: 08 9476 4999) for further advice.

Checklist is not available for this document.

Sample is not available for this document.

Discussion about performance
• Do I have to discuss the employee’s performance with the employee before issuing this letter?
Prior Warnings
• Does someone else have to attend the meeting?
Specific Performance Concerns
• Why do I have to be specific about my concerns?
Explanation
• Do I have to accept the employee’s explanation for the poor performance?
Performance Target
• Why do I need to set a specific target?
Assistance
• Do I have to offer assistance?
Review Date
• When should I schedule the review meeting?
Signatory
• Who should sign the letter?

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Discussion about performance

• Do I have to discuss the employee’s performance with the employee before issuing this letter?

  This letter should not come as a surprise to your employee. By raising the performance issues with your employee informally as it occurs, you may not need this letter at all.
  
  You will need to have a more formal meeting before you issue this letter to the employee. If your employee is aware of the performance issues and the meeting is conducted in a calm and constructive manner, issuing this letter is more likely to be considered reasonable management action. Use our Record of Discussion document for your meeting with the employee.

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Prior Warnings

• Does someone else have to attend the meeting?

  Two people should attend on behalf of the employer – 1 to run the meeting and the other to make notes.
  
  The employee can bring a support person with them if they choose and you should not unreasonably refuse a request for a support person to be present. The support person is there to support the employee and not be an advocate for the employee.
  
  If you have a vulnerable employee (for example, under 18, with a disability, poor English skills) you should ensure that the employee has a support person with them.

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Specific Performance Concerns

• Why do I have to be specific about my concerns?

  Unless your employee knows exactly how their performance is failing, he or she will not be able to improve. If you ask an employee to “lift their game” but he or she does not know what is actually wrong with his or her performance, improvement is unlikely. We recommend that you contact Law Central Legal (08 9476 4999) if you need assistance managing this process.

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Explanation

• Do I have to accept the employee’s explanation for the poor performance?

  You should consider the explanation as it may identify some systemic issues that require addressing.

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Performance Target

• Why do I need to set a specific target?

  Your employee needs to know exactly what conduct is expected. If the targets are specific and measurable, it will be easier to identify when the employee meets (or fails to meet) the target. A specific target is far easier to meet than a vague one.

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Assistance

• Do I have to offer assistance?

  No, but the meeting may identify something specific that is needed, such as further training.

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Review Date

• When should I schedule the review meeting?

  Timing of the review meeting will depend on the targets. If the improvement target relates to something the employee does every day (such as serve customers), you could have the review meeting in 7 days. If the improvement target relates to something the employee only does periodically (such as prepare quarterly reports), the review meeting should occur after the employee next completes the task.

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Signatory

• Who should sign the letter?

  The letter should be signed by the person who runs the meeting. This may be the employee’s line manager, a supervisor, HR Manager or another senior manager.

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This document has been prepared by the law practice Law Central Legal

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