ARTICLE · 26 JULY 2016

Pitfalls of performance management

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An underperforming employee may succeed in an unfair dismissal claim if the performance management process is flawed.

AustraliaEmployment and HR

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"Even where an employer has a valid reason to discipline or dismiss an employee, the employee may still succeed in an unfair dismissal claim if the performance management process is flawed."

In November 2015, Mark Cox and Nikita Barsby presented this topicto lawyers and human resources professionals at Legalwise's seminar: "Workplace Law -A Brave New World for Employers."

Trends in unfair dismissal cases suggest that a common pitfall for employers is failure to adopt a fair and proper procedure when managing underperforming employees.

Even where an employer has a valid reason to discipline or dismiss an employee, the employee may still succeed in an unfair dismissal claim if the performance management process is flawed.

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