Managing Underperformance of Employees

Anderson Fredericks Turner assists employers and businesses, as well as executives and managers requiring legal assistance in managing underperformance in the workplace. If you seek lawyers for managing underperforming employees, contact our experienced employment lawyers today.

An employer may seek to take disciplinary action against an employee over conduct or capacity issues relating to their employment. We can assist you to:

  • minimise the risk any action will be found to be ‘unreasonable management action’;

  • minimise the risk of adverse action claims being made against decision-makers; and

  • identify solutions based on the relevant legal framework (laws / awards / contracts).

In all cases, we tailor our approach to the needs of our client and their circumstances.

Our Locations

Brisbane Employment Lawyers
Beenleigh Employment Lawyers
Sunshine Coast Employment Lawyers
Toowoomba Employment Lawyers
Townsville Employment Lawyers

A POINT OF DIFFERENCE

Courtroom Expertise

Anderson Fredericks Turner has some of the few practising solicitors in Queensland who have been accredited as barristers and worked in that role for a number of years before operating a law firm.

Andrew Anderson and Kerri Fredericks both formerly worked as Senior Crown Prosecutors, meaning they have significant litigation experience in courtrooms and contested hearings.

If you want lawyers who are not still trying to find their feet, we have the courtroom expertise to afford you the best representation for your employment law issue.

Read more

Free Case Assessment – Contact Our Firm Today

Workplace and employment law is complex. It requires a real depth of knowledge of both the state and national laws. We have the skills and experience to assist you.

If you engage us to represent you, our employment lawyers will assist you every step of the way. We:

  • inform you of your legal rights and entitlements.

  • inform you of your legal responsibilities, including critical time limitation periods.

  • obtain information that supports the credibility or reliability of any claim you may make.

  • seek an early resolution to your legal claim, including through negotiation and any available conciliation processes.

Failure to exercise certain rights, or acting on the wrong advice, can fundamentally affect the rights or entitlements of an employers, executives or employees facing employment law issues.

WHY CHOOSE US

Courtroom Expertise

Anderson Fredericks Turner has some of the few practising solicitors in Queensland who have been accredited as barristers and worked in that role for a number of years before operating a law firm.

Andrew Anderson and Kerri Fredericks both formerly worked as Senior Crown Prosecutors, meaning they have significant litigation experience in courtrooms and contested hearings.

If you want lawyers who are not still trying to find their feet, we have the courtroom expertise to afford you the best representation for your employment law issue.

Read more
Call Us Today

Book Your Consultation

Workplace and employment law is complex. It requires a real depth of knowledge of both the state and national laws. We have the skills and experience to assist you.

If you engage us to represent you, our employment lawyers will assist you every step of the way. We:

  • inform you of your legal rights and entitlements.

  • inform you of your legal responsibilities, including critical time limitation periods.

  • obtain information that supports the credibility or reliability of any claim you may make.

  • seek an early resolution to your legal claim, including through negotiation and any available conciliation processes.

Failure to exercise certain rights, or acting on the wrong advice, can fundamentally affect the rights or entitlements of employers, executives or employees facing employment law issues.

To book a consultation with one of our employment lawyers Call Now: 1300 AFT LEGAL (1300 238 534)

Managing Underperformance: Possible Stages

How to Manage Underperforming Employees

How to Manage Underperforming Employees

Effectively managing underperforming employees is often critical to the success of any business because of the effect of poor performance on productivity and morale. In seeking to address employee underperformance, there are number of measures employers, executives and managers can take to reduce the risk it will end in accusations of bullying, discrimination or harassment.

Reasonable Management Action

Reasonable Management Action

Employers, businesses, executives and managers can all face allegations of workplace bullying for taking management action to address a capacity or conduct issue in the workplace. The concept of ‘reasonable management action’ is important to those tasked with such decisions, as it is generally the ‘defence’ to any claim that an employee or worker has been bullied or harassed in the workplace.

Issuing a Warning Letter

Issuing a Warning Letter

It is common for employers and managers to issue ‘warnings in writing’ or ‘warning letters’ for conduct or capacity issues involving the workplace. These letters can have important consequences and employees should be given an opportunity to respond to them. A warning letter may later form part of future disciplinary action taken by an employer and be used to justify action such as dismissal from the workplace.

Issuing a Show Cause Letter

Issuing a Show Cause Letter

When businesses or employers are contemplating issuing an employee with a show cause letter, there are important issues to consider both prior to it being issued and in its drafting. Taking the step of issuing a show cause letter is often regarded as part of a process of fairly dismissing an employee, however it is a step that can itself lead to legal issues for employers and managers.

Performance Improvement Plans

Performance Improvement Plans

Performance Improvement Plans are often used as a tool in managing underperformance by identifying the areas for improvement and to set goals for their achievement. It may address the supports and strategies that may support improvement. A Performance Improvement Plan will also generally incorporate the consequences for failing to improve by a specified date.

Dismissing Employees Fairly

Dismissing Employees Fairly

An employee may be terminated from their employment if an employer considers the conduct or capacity issues are so significant that no other disciplinary action will be sufficient. Dismissals that are harsh, unjust or unreasonable are open to challenge by employees, so employers and managers must be cautious about terminating an employee from their position.

Disciplinary Action – Possible Stages

How to Manage Underperforming Employees

Effectively managing underperforming employees is often critical to the success of any business because of the effect of poor performance on productivity and morale. In seeking to address employee underperformance, there are number of measures employers, executives and managers can take to reduce the risk it will end in accusations of bullying, discrimination or harassment.

Call Our Lawyers
Reasonable Management Action

Employers, businesses, executives and managers can all face allegations of workplace bullying for taking management action to address a capacity or conduct issue in the workplace. The concept of ‘reasonable management action’ is important to those tasked with such decisions, as it is generally the ‘defence’ to any claim that an employee or worker has been bullied or harassed in the workplace.

Call Our Lawyers
Performance Improvement Plans

Performance Improvement Plans are often used as a tool in managing underperformance by identifying the areas for improvement and to set goals for their achievement. It may address the supports and strategies that may support improvement. A Performance Improvement Plan will also generally incorporate the consequences for failing to improve by a specified date.

Call Our Lawyers
Issuing a Warning Letter

It is common for employers and managers to issue ‘warnings in writing’ or ‘warning letters’ for conduct or capacity issues involving the workplace. These letters can have important consequences and employees should be given an opportunity to respond to them. A warning letter may later form part of future disciplinary action taken by an employer and be used to justify action such as dismissal from the workplace.

Call Our Lawyers
Issuing a Show Cause Letter

When businesses or employers are contemplating issuing an employee with a show cause letter, there are important issues to consider both prior to it being issued and in its drafting. Taking the step of issuing a show cause letter is often regarded as part of a process of fairly dismissing an employee, however it is a step that can itself lead to legal issues for employers and managers.

Call Our Lawyers
Dismissing Employees Fairly

An employee may be terminated from their employment if an employer considers the conduct or capacity issues are so significant that no other disciplinary action will be sufficient. Dismissals that are harsh, unjust or unreasonable are open to challenge by employees, so employers and managers must be cautious about terminating an employee from their position.

Call Our Lawyers