ARTICLE · 16 JUNE 2016

Poor performance management = Poor defence to unfair dismissal claim

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An employer will have difficulty with a defence to an unfair dismissal claim after a poor performance management process.

AustraliaEmployment and HR

A spate of recent unfair dismissal cases has exposed the consequences of poor performance management processes. If you want to avoid an unfair dismissal claim, or put yourself in a good defensible position, read on.

What you need to know:

Following a proper performance management process is fundamental in demonstrating that an employee has been provided with procedural fairness.
Section 387 of the Fair Work Act 2009 (Cth) (Act) may be used as a guide for employers in ensuring that they take steps that demonstrate they have followed a proper process.
Failure to follow a proper performance management process can be fatal in defending an unfair dismissal claim.

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