Final Warning Letter For Poor Performance
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Minimum Employment Period In accordance with the provisions of the Fair Work Act 2009 (the Act), employees may not have a claim for unfair dismissal in the following periods: • the first 6 months of employment where the employer employs more than 15 employees and • the first 12 months of employment where the employer employees less than 15 employees (includes casual employees and is based on a simple head count) (a Small Business Employer).. The agreement or plan can: • reflect an understanding of the performance expectations and what is to be achieved over the specified time period (performance improvement milestones) • clarify the roles and responsibilities of the employee • include strategies for training and career development and/or • include timeframes for improvement (these may vary depending on the issue and the needs of the business, however it is important to give an employee adequate time to improve their performance).. If the employer has chosen to draft a first warning letter (on company letterhead), it should include: • details of the performance or conduct issue that is being raised • what has been discussed with the employee about the issue • what the employer will do to assist (where relevant) • an action plan of what steps the employee needs to take (where relevant) • a reasonable timeframe in which the changes or improvements need to occur and • that termination is a possible consequence if sufficient improvement is not made.. After considering the situation it is expected that your conduct/performance improves and specifically that you insert advice given to employee regarding improvement of performance or conduct, for example outline deadlines for improvement, specific performance targets set (ensure whatever you require is reasonable and fair in the circumstances and that you have considered any response or reasons from the employee) This is your first/second warning letter.. In accordance with the provisions of the NES, the amount of notice w
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