Difficult Conversations in the Workplace –
Compliance Balanced with Performance
Richard Breden – MD enableHR
Wes O’Donnell – Senior Workplace Relations Consultant (FCB)
TRAINING OBJECTIVES
To gain a better understanding of
performance management & disciplinary proceedings
To develop confidence to deal with
performance issues
To learn ways to have the “difficult
What is Counselling for Poor
Performance?
Counselling for Poor Performance is a process used when a team
member’s capacity to do the job or their behaviour/conduct
while doing their job is not meeting the standards required by
the Company.
Why do we manage PERFORMANCE?
To improve individual performance and behaviour To manage the employment relationship effectively To improve business line and company productivity To comply with policy and procedure To establish a sound and defensible framework for dealing with underperformance
WHY?
To grow individual capability
When do we manage PERFORMANCE?
Unsatisfactory Conduct Unsatisfactory
Performance
Annual Reviews Serious
Misconduct
Scheduled Performance Review Workflow
When do we manage performance?
Relates to an employee’s capacity to do the job and can be generally rectified verbally, and should be part of regular manager/employee communication
Might be due to a lack of:
Commitment
Competency/capability
UNSATISFACTORY PERFORMANCE
For example:
Poor presentation
Being rude and inattentive to
customers
On time attendance
When do we manage PERFORMANCE?
UNSATISFACTORY CONDUCT
Relates to an employee’s conduct while doing the job, but, of itself, not so serious that the employment relationship cannot continue but needs to be counselled.
For example:
Inappropriate language
Absenteeism
Non-compliance with reasonable and lawful management direction
Not following policy e.g. EEO
Counselling for Misconduct Workflow
When do we manage PERFORMANCE?
UNACCEPTABLE CONDUCT – SERIOUS MISCONDUCT Relates to the employee’s conduct while doing the job
Serious misconduct is conduct which is so serious that the employment relationship cannot continue. It negates the need for a graduated process or prior warning.
Examples:
Breach of the cardinal rules
Theft/fraud
Assault, drunkenness
Breach of safety policy
Bullying/harassment
The role of managers
Monitor performance
Conduct informal and formal performance reviews
Provide support & training
Provide informal, constructive feedback
Seek and consider feedback from employees
Agree on goals and objectives
New Modules - 180° Online Performance Management and enable Self Service (eSS)
So why don’t we have the
conversations?
Too confrontational
They are difficult discussions to have
Worried about the
future relationship Time constraints
Don’t understand how important it is
Uncertainty about how to approach the
issue
They won’t result in a consequence
If you get it wrong
Negative impacts on productivity
Loss of morale
Damage to Company’s reputation
Costs of legal and other challenges
• unfair dismissal
• stress claim
• bullying/harassment grievances
• discrimination claim
How can we get better at it?
Train your managers in enableHR
processes and practice to develop capability
Get experience
Make feedback an expectation not a
fear
Positive and negative
Act when things happen
Experience and Culture
How to give good feedback
Effective feedback is specific, sincere & timely
Feedback should be based on:
− the behaviour – not the person
− facts – not opinions
− sharing ideas and information - not telling
− exploring alternatives – not providing answers
REMEMBER… if you cannot think of a constructive purpose for giving feedback – don’t give it at all!
Getting
it started?
How do performance issues normally come to you?
Are line managers empowered/encouraged to deal with performance themselves?
Are the issues you deal with performance or conduct based?
What are your first steps?
Are you a first response or an emergency response?
Notes functionality and Dashboard & Reporting
Managing Performance Issues
Identify the issue
Follow the company’s policy and enableHR workflows
Evaluate to identify level of seriousness
Communicate your concerns to the employee
Provide an opportunity for response
Identify appropriate action
Set requirements and assist the employee to reach these
Follow through
Common mistakes
Follow enableHR workflows and ensure you are prepared
Lack of personal presentation
Failing to listen to employee responses
Providing vague feedback
Being overly critical
Relying on opinion or personal standards
Leaving it all for the annual review
Keep Notes throughout the year so feedback is balanced
TAKE HOMErs
Performance Management should be aimed at achieving
improvement, not as a step to termination
Acting too soon is better than acting too late
Follow your policies and employment management
processes in enableHR and seek advice when needed
Stay objective, and treat employees with respect and courtesy throughout the process
Keep an open mind throughout the decision making
process – avoid assumptions and slanting information based on who is giving it
Case studies
Case study
Angela is a long term employee who has always been a very high
performer, however lately she has not seemed herself. She regularly turns up late for work, and you have heard from other staff members that she has been rude to clients and disrespectful to other
employees.
What should you do?
How would you structure the feedback?