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Natasha Hawker | How to Exit Non-performing Staff

  • Department: Human Resources
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Overview

This document defines the process of exiting people who are not performing within your business while avoiding costly legal breaches. This is a system to fire someone legally and take action without feeling afraid you might be sued.

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System Architect: Natasha Hawker

Website: www.employeematters.com.au

Generated as part of the www.BusinessSystemsSummit.com

Video

The Process

Step 1: Have all the foundation steps in place.

  • Review and complete the checklist “Checklist_WhatDoIDoIfAnEmployeeIsNotPerforming.pdf” under the attachments section below.
    • Have evidence – recorded calls, instructions that you had to repeat multiple times etc.
    • State your expectations – tell them what you expect, what success looks like.
    • Communicate with the employee that they are not performing and not meeting your expectations.
    • Confirm the expected levels of performance. Ensure they are reasonable.
    • Ask why performance is sub-par, find out if there’s a valid reason for it.
    • Ask whether there are any extenuating circumstances for the performance.
    • Arrange for additional training to adjust the performance.
  • Legally you need to offer the employee a support person if going through any of the following conversations: redundancy conversation, restructure or performance management conversation, or misconduct conversation.
    • If the individual is positive that they don’t want a support person, get them to sign a document that they’ve waived this right. If they are not prepared to sign that document, note that in your documents.

 

Step 2: Steps prior to a performance management meeting.

  • Counselling sessions – suitable for minor issues.
    • Employer to review the performance of the employee after the counselling session.
    • A counselling session can occur a couple of times before moving to more formal warnings.
    • Documentation is important – make a file note of the sessions that you’ve had.
  • Warnings – no more than 3 strikes.
    • It is recommended that all warnings, including verbal, be documented.
    • Prior to the final warning, and potential termination meeting, the employee must be in no doubt of the seriousness of the situation and that termination can be an outcome.
  • Training – it is imperative that further training or support has been offered, including additional external training or mentor allocated.
  • Instigate a without prejudice conversation – this is an alternative, off the record mutual separation discussion.
    • In this case, you must get the employee to sign a date of release, that is sought by a lawyer.

 

Step 3: Script the performance management meeting.

  • Plan the meeting. Script the conversation and practice it with someone else.

 

Step 4: Conduct a performance meeting.

  • Ensure that you are prepared, that all paperwork has been completed as much as it can be prior to the meeting.
  • Plan the meeting, have notes to guide you to be sure you cover everything.
    • Suggestion! Ideally, have someone available to take notes.
  • Book a quiet and private meeting space.
  • Book the meeting with the individual stating it is to discuss their performance and they are welcome to bring a support person.
  • Explain at the beginning the purpose of the meeting and the roles of the participants.
  • Walkthrough each of the performance issues giving the employee a chance to respond. Where appropriate, provide evidence of the current performance level being achieved.
  • Ask employee whether there’s anything that would assist them to improve their performance. Consider all requests, and then confirm what’s possible and what’s reasonable.
  • Explain the required level of performance and the timeline to be reached.
  • Summarise the outcomes of the meeting and next steps, and if the next meeting is termination as a potential outcome.
  • After the meeting, the Minutes should be countersigned.
    • If the employee is unwilling to do this, make a note of this fact.

 

Step 5: Deal with the emotional side.

  • Be prepared and stay calm.
  • Offer a short break.
  • Always have tissues.

Email Templates

Attachments

Additional Resources

Different type of non-performers in your business.

  • Non-performance: the employee is not performing adequately in their role.
  • Misconduct: the employee has an inappropriate attitude.
  • Gross-misconduct: an employee verbally or physically insulted someone, or committed fraud.

 

Reasons why we hire non-performers:

  • Candidate’s skills are not assessed effectively.
  • Hiring Manager lacks interview skills or technique.
  • The employee does not have an accurate job description.
  • The manager does not communicate effectively.
  • The manager does not provide timely and frank feedback.
  • Sub-par performance is not dealt with effectively.

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