Difficult Conversations in the Workplace Compliance Balanced with Performance Richard Breden MD enablehr Wes O Donnell Senior Workplace Relations Consultant (FCB) TRAINING OBJECTIVES To gain a better understanding of performance management & disciplinary proceedings To develop confidence to deal with performance issues To learn ways to have the difficult conversations
What is Counselling for Poor Performance? Counselling for Poor Performance is a process used when a team member s capacity to do the job or their behaviour/conduct while doing their job is not meeting the standards required by the Company. Why do we manage PERFORMANCE? To improve individual performance and behaviour To comply with policy and procedure To grow individual capability To improve business line and company productivity WHY? To manage the employment relationship effectively To establish a sound and defensible framework for dealing with underperformance
When do we manage PERFORMANCE? Annual Reviews Unsatisfactory Unsatisfactory Serious Misconduct Performance Conduct Scheduled Performance Review Workflow When do we manage performance? UNSATISFACTORY PERFORMANCE Relates to an employee s capacity to do the job and can be generally rectified verbally, and should be part of regular manager/employee communication Might be due to a lack of: Commitment Competency/capability For example: Poor presentation Being rude and inattentive to customers On time attendance Counselling for Poor Performance Workflow
When do we manage PERFORMANCE? UNSATISFACTORY CONDUCT Relates to an employee s conduct while doing the job, but, of itself, not so serious that the employment relationship cannot continue but needs to be counselled. For example: Inappropriate language Absenteeism Non-compliance with reasonable and lawful management direction Not following policy e.g. EEO Counselling for Misconduct Workflow When do we manage PERFORMANCE? UNACCEPTABLE CONDUCT SERIOUS MISCONDUCT Relates to the employee s conduct while doing the job Serious misconduct is conduct which is so serious that the employment relationship cannot continue. It negates the need for a graduated process or prior warning. Examples: Breach of the cardinal rules Theft/fraud Assault, drunkenness Breach of safety policy Bullying/harassment Grievance or Complaint Investigation Checklist
The role of managers Monitor performance Conduct informal and formal performance reviews Provide support & training Provide informal, constructive feedback Seek and consider feedback from employees Agree on goals and objectives New Modules - 180 Online Performance Management and enable Self Service (ess) So why don t we have the conversations? Worried about the future relationship Time constraints Too confrontational Don t understand how important it is They are difficult discussions to have Uncertainty about how to approach the issue They won t result in a consequence
If you get it wrong Negative impacts on productivity Loss of morale Damage to Company s reputation Costs of legal and other challenges unfair dismissal stress claim bullying/harassment grievances discrimination claim Google
How can we get better at it? Experience and Culture Train your managers in enablehr processes and practice to develop capability Get experience Make feedback an expectation not a fear Positive and negative Act when things happen How to give good feedback Effective feedback is specific, sincere & timely Feedback should be based on: the behaviour not the person facts not opinions sharing ideas and information - not telling exploring alternatives not providing answers REMEMBER if you cannot think of a constructive purpose for giving feedback don t give it at all!
Getting it started? How do performance issues normally come to you? Are line managers empowered/encouraged to deal with performance themselves? Are the issues you deal with performance or conduct based? What are your first steps? Are you a first response or an emergency response? Notes functionality and Dashboard & Reporting Managing Performance Issues Identify the issue Follow the company s policy and enablehr workflows Evaluate to identify level of seriousness Communicate your concerns to the employee Provide an opportunity for response Identify appropriate action Set requirements and assist the employee to reach these Follow through Take further action (where appropriate)
Common mistakes Follow enablehr workflows and ensure you are prepared Lack of personal presentation Failing to listen to employee responses Providing vague feedback Being overly critical Relying on opinion or personal standards Leaving it all for the annual review Keep Notes throughout the year so feedback is balanced TAKE HOMErs Performance Management should be aimed at achieving improvement, not as a step to termination Acting too soon is better than acting too late Follow your policies and employment management processes in enablehr and seek advice when needed Stay objective, and treat employees with respect and courtesy throughout the process Keep an open mind throughout the decision making process avoid assumptions and slanting information based on who is giving it Create agreed tasks and consistently follow up
Case studies Case study Angela is a long term employee who has always been a very high performer, however lately she has not seemed herself. She regularly turns up late for work, and you have heard from other staff members that she has been rude to clients and disrespectful to other employees. What should you do? How would you structure the feedback?
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