AHA|SA MEMBER INFORMATION
Performance Management: Getting the Basics Right OWEN WEBB - AHA|SA WORKPLACE RELATIONS MANAGER The AHA|SA Workplace Relations team provide a significant amount of advice in the area of performance management and disciplinary processes.
MINIMUM EMPLOYMENT PERIOD / PROBATIONARY PERIOD
for a period of 6 months (for nonsmall businesses) or 12 months in the case of a small business. A small business under the Fair Work Act is one which employs fewer than 15 employees. For the purposes of calculating the number of employees employed by the employer at a particular time a casual employee is not to be counted unless they are a regular casual employee of the employer, and any associated entities of the employer are to be taken as one entity.
Prior to onboarding an employee it’s important that employers understand the significance of the Minimum Employment Period under the Fair Work Act 2009 (Cth) (Fair Work Act). Under s.383 of the Fair Work Act an employee may make an application for unfair dismissal remedy if they have been employed
It is therefore very important that employers closely monitor the overall performance and conduct of an employee within their initial period of employment, as an employee that has been employed beyond the minimum employment period will potentially be able to make a claim for unfair dismissal.
In this article we look at some of the most important areas that employers need to cover when undertaking the performance management and disciplinary process with employees.
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WHAT ARE WE MEASURING PERFORMANCE AGAINST? It’s important that when an employer is measuring an employee’s performance, both the employee and employer understand what criteria an employee is being measured against. The best place to start is for the employee to have a clear and transparent position description that has been signed by both parties. Not only does the position description outline the key requirements and responsibilities of the role, but it also helps to clarify what the employee’s performance is going to be measured against. Aligned to the position description, the employer may also want to establish some key performance indicators (KPI’s) to help determine what the expectations are for the Back to Contents
