Managing poor employees - how long is too long?

LG Leader July 2017

The performance management of poor employees is a difficult process and many managers are reluctant to tackle the issues ‘head on’, fearing backlash and repercussions. As a result, a difficult or under-performing employee can sometimes be retained for many years. The end result is increased management time and stress in dealing with the issues arising from the employee, and dissatisfaction and decreased efficiency within the rest of the team.

Typically, a poor employee will fall into one of three categories, although often they will cross across all three areas:

• an underperforming employee, one who simply is not able to adequately or properly perform their duties, even after repeated training; or
• a difficult employee, one who causes ongoing minor conduct issues, often not enough individually for dismissal, but enough to cause continued disruption; or
• an employee who (whether genuinely or not) has taken substantial periods of sick leave.

The first two should be dealt with through performance management.

Performance management requires the supervisor and HR representative to gather the information about the issues (performance or conduct) and to then meet with the employee. Although this is not a meeting that has the immediate potential to lead to dismissal, it is a performance meeting and, therefore, the employee should be advised in advance about the purpose of the meeting and invited to bring along a support person.

The meeting should involve clear discussion about the concerns, including listening to the employee. An agreed outcome should be reached, with clear and reasonable steps to be implemented by both the council and the employee. This should include the council offering any training or resources reasonably required.

The outcome must be documented and a clear timetable set for each step. The timetable should not be overly long (depending on the issues to be addressed, usually from 1-6 months).

Once the strategy is in place, it should be carefully monitored and regular follow up meetings held, addressing progress and any further support or training needed.

If, at the end, performance or conduct has not improved, either a formal warning or termination should be considered.

What should not occur is a performance management meeting, with no follow up or support, or an attempt to pick up a performance management process months after it has been left idle (in these circumstances, a new process must be commenced).

In the last category of poor employee, often, a difficult or underperforming employee will take large amounts of sick leave. Sometimes, of course, an employee may genuinely be unwell for a long period of time. An employee cannot be dismissed because they are sick and, in this regard, can take as much paid sick leave as they require. After they have used all their sick leave entitlements, as long as they provide evidence of their illness or injury, they may continue to take unpaid sick leave.

If an employee has been absent for three months on unpaid sick leave, or for three months within a 12 month period, the Council may consider terminating the employment relationship on the basis that the employee is unable to fulfil the requirements of the position. Please note, this does NOT apply to an employee on worker’s compensation due to a workplace injury. We recommend council’s seek legal advice prior to terminating the employment relationship on this basis.