Addressing performance

by Adrian ClarkOct 9, 2021Human Resources, View All

Workplace investigations are a vital part of maintaining the integrity and fairness of any organisation. When issues arise, it’s important for businesses to act quickly, ensuring that they address concerns in a transparent and lawful manner. Different types of investigations are needed for different situations, each requiring a tailored approach to ensure fair outcomes for all involved. Below are some of the most common types of workplace investigations and when they should be used.

Misconduct Investigations
Misconduct investigations are necessary when an employee breaches company policies or behaves inappropriately. This might include theft, dishonesty, substance abuse in the workplace, or breaches of confidentiality. Misconduct can also cover actions that damage the company’s reputation or relationships with clients. It’s important to act quickly when dealing with misconduct to maintain workplace standards and protect the business from potential legal liabilities.

Harassment and Bullying Investigations
Investigations into harassment and bullying are crucial when employees report or experience inappropriate behaviour. Whether the issue is sexual harassment, racial harassment, or bullying, businesses have a duty to investigate and take action. These investigations must be handled with care, ensuring that both the complainant and the accused are treated fairly, and that the process remains confidential. Addressing such issues promptly not only protects employee wellbeing but also helps to maintain a respectful workplace culture.

Discrimination Investigations
Discrimination investigations come into play when employees feel they’ve been treated unfairly due to attributes such as race, gender, age, disability, or sexual orientation. These cases can be complex and require careful handling to ensure compliance with anti-discrimination laws in Australia. A thorough investigation is essential to ensure that all claims are properly examined, protecting the organisation from legal action and fostering an inclusive workplace.

Health and Safety Investigations
When a workplace incident or a near-miss occurs, a health and safety investigation is needed. These investigations help to determine whether existing safety measures were followed and if further action is required to prevent future incidents. Compliance with workplace health and safety laws is essential in Australia, and these investigations ensure that businesses fulfil their obligations to protect their employees.

Workplace Culture Investigations
In some cases, broader concerns about workplace culture may require investigation. This can occur when there are ongoing issues affecting morale, such as repeated complaints about management or widespread dissatisfaction among staff. A culture investigation looks at systemic issues within the workplace and seeks to identify patterns that may be harming the work environment. These investigations provide valuable insights for leadership teams to implement lasting positive change.

How AHR Can Assist with Workplace Investigations
Conducting a workplace investigation requires impartiality, expertise, and a thorough understanding of Australian workplace laws. At Assurance HR (AHR), we specialise in handling workplace investigations with a high degree of professionalism and confidentiality. Whether you’re facing allegations of misconduct, bullying, discrimination, or safety breaches, AHR has the expertise to guide your organisation through the investigation process.

Our team works with you to ensure that every step of the investigation is conducted lawfully and fairly. We help gather evidence, interview witnesses, and provide detailed reports on our findings, making sure you have all the information needed to resolve the issue. By choosing AHR, you can focus on your business while we take care of the complexities involved in workplace investigations, ensuring you remain compliant and maintain a positive work environment. Let AHR be your trusted partner in managing workplace investigations with confidence and care.

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You want to be the best in your industry and stay competitive. The best way to do this is to make sure all your employees are performing at their best and being quick to address times or situations where people aren’t doing well. By staying on top of how well your employees are working you’ll be staying on top of the performance of your business as a whole.

Why Performance Appraisals?

As with every area of life, consistency is key to achieving great results. Build regular performance appraisals into the fabric and culture of your business. Make sure you take time to praise employees who are doing well, as this not only creates a healthy and harmonious workplace but gives you a firm platform to address things that need to change.

By having regular performance appraisals you’re more likely to pick up problems such as employee dissatisfaction or any personal problems that may affect their work before they become a serious issue. Keeping accurately recorded records of performance reviews can also help you defend yourself in the future if problems escalate.

Poor performance

If you’re noticing an employee falling below standard it’s important to address it early. Poor performance from employees can have a negative effect on business, whether it’s unhappy clients, increased staff turnover, or decreased productivity. Talk to your employee in a neutral environment, and set out clearly how you expect them to improve, with measurable targets if possible.

Fair Work Australia has identified the following steps as the most useful strategy for dealing with an underperforming employee:

1. Identify the problem

It is important to understand the key drivers of performance or underperformance within the workforce. It is also important to correctly and specifically identify the problem.

2. Assess and analyse the problem

The employer should determine:

how serious the problem is
how long the problem has existed, and
how wide the gap is between what is expected and what is being delivered.

Once the problem has been identified and assessed, the employer should organise a meeting with the employee to discuss the problem.

The employer should let the employee know the purpose of the meeting in advance so they can adequately prepare for the meeting. The employee should be allowed to bring a support person of their choice or a union representative to the meeting. Employers working at best practice will inform the employee that they can bring a support person as a matter of process.

3. Meet with the employee to discuss the problem

It is important that the meeting takes place in private and in an environment that is comfortable and non-threatening, away from distractions and interruptions.

The employer should begin by holding a discussion with the employee to explain the problem in specific terms. From this conversation, the employee should be able to clearly understand:

what the problem is
why it is a problem
how it impacts on the workplace, and
why there is a concern.
The employer should discuss the outcomes they wish to achieve from the meeting.

The meeting should be an open discussion and the employee should have an opportunity to have their point of view heard and duly considered. The employer should listen to the explanation of why the problem has occurred or to any other comments the employee makes.

As with any meeting of this nature, it’s important to keep accurate records, which could be crucial if you ever face a tribunal situation or an unfair dismissal claim.

Tomorrow we’ll be looking at the more serious end of bad behaviour—misconduct, serious misconduct, and what to do when it happens in your business.