Do you have an employee who disrupts your team, does not follow directions or delivers substandard work? Many members will be confronted with workplace situations where they are forced to deal with staff who disrupt teams, fail to meet expectations, or create ongoing conflict. An employer should be aware of its rights and responsibilities when dealing with these situations and have the confidence to take action without fear or risk to its company.
Tools that help guide employers to confidently deal with workplace matters are clear policies, robust documentation, and structured processes. These protect your business, provide employees with a fair opportunity to improve, and ensure that any termination is handled lawfully and appropriately.
When done correctly, performance management:
- Gives employees a fair chance to improve.
- Provides a clear and defensible process if termination becomes necessary.
- Protects your business from unfair dismissal and general protections claims.
- Builds a culture of accountability and fairness.
Common pitfalls include:
- No formal performance management or disciplinary policy or procedure.
- Expectations not clearly documented in contracts, position descriptions, or policies.
- Poor record-keeping, with no written warnings or documented discussions.
- Taking impulsive and inappropriate disciplinary action, which may include on the spot termination.
Our best practice recommendations are:
- Set Clear Expectations
- Document job roles, KPIs, and site rules.
- Reinforce expectations regularly and consistently.
- Ensure you have a policy in place that clearly outlines a process to follow when taking disciplinary action. Even a short policy outlining behaviour and performance standards is valuable.
- Identify and Document Issues Early
- Keep written notes of concerns, incidents, or missed targets.
- Address problems promptly to prevent escalation.
- Follow a consistent process, ideally outlined in your policy.
- Hold Formal Performance Meetings
- Meet with the employee when necessary, explain the issues, and allow them to respond.
- Set clear goals and timeframes for improvement.
- Provide support such as additional training or supervision where possible.
- Issue Written Warnings
- If improvement doesn’t occur, provide written warnings.
- Be specific about what must change.
- Record all discussions and provide copies to the employee.
- Take Final Steps Carefully
- If no genuine improvement occurs, termination may be appropriate.
- Ensure dismissal is procedurally fair and consistent with your Fair Work obligations.
Performance management is not simply about removing problem staff — it’s about following a structured, fair, and documented process that gives you confidence to manage your business effectively.
Master Builders ACT recommends:
- Review and update workplace policies and contracts.
- Train supervisors and managers in performance management.
- Ensure employees understand expectations.
- Seek advice before taking disciplinary or termination action if unsure.
Our Workplace Relations Team can assist with policies, processes, and practical guidance. For more information please contact us on (02) 6175 5900 or workplace@mba.org.au.