Performance Management

Performance Management to avoid proved complaints against managers.  This course is designed to teach managers, team leaders and supervisors how to carry out performance management and reviews and not to fear managing employees.  Done correctly the Fair Work Act is on you side.

‘Behaviour will not be considered bullying if it is reasonable management action carried out in a reasonable manner.’  Fair Work Act s789FD (2)

Performance management is an example of management action so therefore the guidelines in respect to reasonable management action must be adhered to;

• The behaviour must be management action
• It must be reasonable for the management action to be taken and
• The management action must be carried out in a manner that is reasonable.

In many cases conducting Performance Management or a Performance Review or even providing performance feedback can result in an employee lodging a bullying complaint.

In this course we take you through the process to ensure that if a complaint is made (and you can’t stop complaints) that you have acted in accordance with Reasonable Management Action so that the complaint is far less likely to be substantiated as workplace bullying.

Element 1

• Reasonable action taken in a reasonable manner by an employer to counsel, transfer, demote, discipline, retrench or dismiss an employee
• Legitimate and appropriate management including the management of performance
• Legitimate and appropriate performance review

Element 2

It must be reasonable for the management action to be taken

• There must be a valid and explainable reason such as;
  • Under performance
  • Legitimate and appropriate performance review
  • Misconduct or breach of a policy or Code of Conduct
  • A reasonable business ground not to award or provide a promotion, transfer, or benefit in connection with an employee’s employment

Element 3

The management action must be carried out in a manner that is reasonable. This includes attention to;

• Clear communications;
  • The issue
  • The expectation
  • The resolution
• Timing
• Listening
• Support person
• Procedural fairness

This course provides strategies, tips and examples of how to conduct performance management meetings including;

*Invitations to attend the meeting to avoid confusion and an accusation of the employee being ambushed.
*Planning the meetings
*Setting the tone
*Getting the buy in from the employee
*Coming to a workable agreement
*Follow up and monitoring of the performance

The training is not just theoretical but rather a guide to be used when dealing with employees and conducting of performance management.  It is based on years of actual experience investigating complaints against managers.

The Performance Management to avoid proved complaints against managers training program is a short course that runs for about 90 minutes to 2 hours, it is a lecture format with some interactive case studies and discussions, delivered remotely via Zoom.

For organisations we provide a flat rate cost with unlimited participants, that can be conducted to suit your timetable ,we are very flexible.

We conduct the course for limited numbers or even 1 person as an On Demand Course, please contact us for details and costs.

The Performance Management to avoid proved complaints against managers training program is also part of the larger Management Essentials Program 

The training is conducted by Phil O’Brien a highly qualified and experienced workplace investigator as a result of having to investigate a number of complaints against managers that had their origins in performance management, feedback or appraisals.  The training is not theory based, it is based on actually complaints and issues experience by managers. and designed to ensure that if a complaint is made that the manager acted in the appropriate manner.

Figures from the Fair Work Commission in relation to applications for Stop Bullying orders illustrate the high percentage of application for order made against managers. More details here These sort of numbers make understanding reasonable management action and complaint handling absolutely essential for managers at all levels.

Please contact us for more details, costings and to book courses – enquiries@awpti.com.au

This course has been designed for business owners, managers and supervisors of all levels

AWPTI – workplace investigation Sydney and through-out NSW, QLD and Victoria. Workplace training national wide

Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations, discrimination investigations

www.awpti.com.au
http://awpti.com.au/investigations/
http://awpti.com.au/training/