• • When you see signs of deteriorating or poor performance. Note: these issues usually get worse if neglected.
  • When you see behaviours that are unacceptable to you in relation to our Health and Safety Work Rules, Employee Code of Conduct or professional standards. It’s your job to maintain standards and bad habits are contagious.
  • After you have tried unsuccessfully with lower-level responses such as feedback or mild reprimand.
  • Well before any question of discipline or warnings arises. Small problems are easier to fix and we owe people fair warning we consider something unacceptable.

These include results below those standards expected of our team members and / or behaviours that are unacceptable to you as the person’s manager. These are issues or which would potentially become matters for our disciplinary process if not resolved through this kind of earlier but more formal initiative. If however we see a major or willful breach of our work rules or performance expectations and standards such issues should probably be handled immediately through our disciplinary procedure. As a leader it’s your role to determine where poor performance or unacceptable behaviour exists. If in doubt, talk to your manager or Organisational Development and Capability.

• There are also implied legal obligations including:
  • • Duty of obedience: not obeying lawful and reasonable instructions (assuming the task is neither dangerous, nor impossible nor outside his/her terms of employment or outside his/her skill limitations).
    • Duty of reasonable care: not exercising reasonable care / skill in carrying out his/her job.
    • Duty of faithful service: not working honestly and faithfully.
    • Duty to account: not accounting to the employer for all matters within his/her responsibilities which affect the employer’s interests.

Many causes! Ranging from not knowing what was expected (CLARITY and FOCUS) through to a lack of ABILITY (skill or competence) to weak or difficult RELATIONSHIPS. It could also be a problem in the personal or work ENVIRONMENT,  a REWARD or RECOGNITION issue or the lack of the right tools / materials or managerial SUPPORT.  The bottom line is that until we know what’s behind the lack of performance or problem behaviour we can’t prescribe a solution.  If an employee’s behaviour or performance doesn’t meet expectations there are of often causes for what you see which aren’t obvious.  Consider the following possible explanations.  Each explanation will suggest a different type of solution. When talking with the employee about the issues, you might ask questions selected from the list below, which seem possible explanations.

Your approach to getting performance back on track must recognise that people have a legal right to challenge our actions if they consider them unjustified or to have disadvantaged them.

So your process for people over poor performance must incorporate the principles of procedural fairness. These state team members have a right to……..

• Know the detail of issues or problems being raised (included in our four step approach)
• Support through the process (not compulsory except where disciplinary action or dismissal is a potential outcome, however might be useful where there are language or understanding issues which might make the conversation easier with a support person present).
• Explain their actions (included in our four step approach)
• Have their explanation genuinely considered (included in our four step approach)
• Equality of treatment (not relevant if the same process is applied to all)
• Fair and reasonable time to address issues and concerns and improve

These requirements should not be a problem in that our getting performance/behaviour on track process has these considerations built in and this is not a disciplinary process. If in doubt contact your manager or Organisational Development and Capability.

Think about…

• Do I fully understand the issues? (maybe check the CCARERS questions)
• How serious is this? Is this at the level of discipline or dismissal?
• How will I be able to establish beyond question there is a problem? (what facts, examples, times, dates or other evidence can I provide)
• Am I clear that the right expectations were set (by someone)?
• Who has direct/reliable evidence about any alleged poor performance or behaviour problem?
• Am I clear what I want out of this conversation – Can I describe what the business needs?
• What’s my plan for a solution?
• Should someone else be involved or should I handle it alone?

Your mind set should be…

• Positive and solution oriented.
• I have a responsibility to sort this out.
• It’s our ‘house’ and we need to set the rules, standards and tolerances.
• Committed to getting performance/behaviour back on track.
• Open to learning about the issue and to suggestions the other person may make.
• Firm that the problem needs to be resolved.

Be prepared to be assertive…

You will typically need to be assertive to address these problems promptly. A natural human reaction is to avoid potential conflict situations but, as we’ve learned, these kinds of issues generally get worse with delay – not better. Assertiveness in this context means…

• Your resolve and persistence to get the problem fixed.
• State the problem firmly but accurately.
• A preparedness to face denial and be challenged.
• Your willingness to reject unrealistic or insincere commitments to resolve the problem.
• Push back if the person denies there is a problem or tries to avoid responsibility.
• A willingness to spell out the consequences of solving or not solving the problem.
• Being respectful – focus on the issues involved without attacking the person.

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When you get into the getting performance/behaviour back on track conversation you may discover one of the following causes for the lack of performance or unacceptable behaviour you have observed. Listed below are some likely remedies depending on the cause.

• Give the team member some responsibility for the monitoring process.
• Hold regular ‘on track’ conversations with the person.
• Hold snap inspections (being reasonable about this).
• Sit in and witness behaviours
• Talk to colleagues and others who can tell you if progress is being made.
• Make sure you are meeting your end of the bargain (providing the help you said you would)
• If you aren’t getting results confront the situation early. Don’t compromise on the standards.
• If nothing changes consider a performance improvement plan approach with the consequences of discipline and dismissal. The key ingredients are;
  • Defined improvement areas and standards;
  • How the team member will approach delivering on those standards;
  • Timeframe for delivery;
  • Review process and dates;
  • Possible consequences if the improvements are not delivered.