Masterclass Agenda

MELBOURNE: 5 September 2022 | BRISBANE: 7 September 2022 | SYDNEY: 12 September 2022 | PERTH: 14 September 2022 

Performance Management Workshop

Overview  
One of the most difficult, time consuming and intense roles of an HR Practitioner is navigating performance complexities. HR teams deal with increasing Fair Work Commission intervention when managing performance, because of changes to laws, constant workplace change, and increasing awareness of rights.   
  
Reliance on complex processes such as formal performance improvement plans doesn’t always have the desired outcomes. Even with the most sound and well intentioned performance improvement and disciplinary processes in place, the risk of legal action is still there. We will also workshop how to continue in the face of any claims or grievances made, with legal confidence.  
  
This one-day workshop provides in-depth practical focus on how to manage most performance scenarios through meaningful, regular discussions and communication - helping you take practical approaches to unravelling the complexities of managing performance.  
  
Key Themes  
  • Addressing current problems with performance management  
    • Common workplace contributors to performance issues  
    • Investigating common legal claims & performance process related risks  
  
  • People and process  
    • Management of the employment relationship  
    • Effective one-on-ones and feedback for improved performance  
  
  • Applying effective communication styles  
    • Communication styles, and their impact on the workplace  
    • Aiding performance outcomes through the right communication styles  
  
  • Having crucial conversations, and making the right decisions  
    • Crucial and effective conversations during the performance pathway  
    • Taking the right approach with employees   
  
  • Performance processes in practice 
    • Avoiding complex & ineffective performance or disciplinary processes   
    • Minimising potential legal risks and consequences of a PIP  
  
  • Having confidence around legal risks  
    • Using crucial conversations to avoid legal claims  
    • How to proceed in the face of legal claims or grievances

AGENDA

Course duration 9.00am – 4.30pm  | 8.30 Registration and welcome tea / coffee  |  10.30 – 11.00 Morning break  | 12.20 – 1.00 Lunch break  | 2.30 – 2.50 Afternoon break

  • Identifying the main types of poor performing employees  
  • Profiling common management and HR practices which can contribute to performance issues  
  • Creating socially safer workplaces 
  • Investigating common legal claims resulting from ineffective management and poor performance management processes, including: confusing misconduct with performance, constructive dismissal, bullying, stress and adverse action claims
  • Looking at managerial authority, responsibility for managing performance and how HR can support management to step up  
  • Effectively managing the employment relationship, including out of hours conduct and social media  
  • Holding effective one-on-ones, and giving frequent feedback for improved performance 
  • Using DISC to understand communication styles and how they impact communication in the workplace  
  • Recognising most common performance issues can be ‘overused strengths’  
  • Using communication styles as a tool to more effectively deal with performance issues  
  • Having crucial conversations along the performance pathway, and ensuring their effectiveness  
  • Framing performance issues and what you are measuring performance against  
  • Dealing with mis-aligned performance perceptions of the employee  
  • Engaging in low versus high intensity crucial conversations - informal versus formal approaches  
  • Documenting crucial conversations  
  • Determining the right decisions and justifying reasonable management actions
  • Overcoming problems with traditional performance appraisals  
  • Aligning managerial and HR effectiveness with acceptable standards for the organisation  
  • Avoiding complex performance or disciplinary processes that are ineffective  
  • Minimising potential legal risks and consequences of performance improvement processes 
  • Practice by role playing crucial conversations, and creating crucial tailored emails for performance scenarios which can have escalating problems 
  • Using crucial conversations to avoid legal claims such as unfair dismissal, general protections, bullying and psychological injury or stress  
  • How to proceed in the face of legal claims or grievances

WORKSHOP LEADERS

MELBOURNE: 6th September 2022 | BRISBANE: 8th September 2022 | SYDNEY: 13th September 2022 | PERTH: 15th September 2022    

08:50

  • Employment Law Major Updates 
  • Assessing the impact of the Federal Election results on industrial relations

09:05

  • Reviewing recent high court decisions on independent contractors  
  • How to avoid allegations of sham contracting and other common legal pitfalls in managing and drafting contracts   
  • Identifying legal risks and reviewing practical solutions to common legal issues during the contract lifecycle

09:50

Areas of discussion:  
  • Mental health and wellbeing  
  • Managing Ill and Injured Employees 
  • Dispute resolution 
  • Independent Contracting Arrangements  
  • Sexual Harassment 

10:35

10:55

  • Addressing duty of care obligations in the current climate and mental health risks for a remote, hybrid and flexible workforce  
  • Identifying workforce issues leading to employee fatigue and burnout 
  • Developing systems to support the recognition of psychosocial hazards, psychological risk, mental health warning signs, domestic violence risk and other workplace risks   

11:40

  • Reviewing new ways of working including discussions around the 4-day work week  
  • Addressing developments in working arrangements, leave, and pay  
  • Risk factors to consider for agile / hybrid working environments 
  • Changes to modern awards; employer workplace law obligations for considering flexibility requests 

12:25

01:10

  • Understand workplace obligations around privacy 
  • When, why and how would you use technology to monitor staff and the legal implications  
  • Identifying a reasonable parameter around the monitoring of staff including remote and working from home – where is the line between monitoring and an invasion of privacy?   
  • Considerations when relying on this evidence to support accusations, claims or performance issues  

01:55

  • Reviewing recent case decisions related to Stop Bullying Orders, Stop Sexual Harassment Orders and Respect@work recommendations 
  • Reducing risk and instigating different ways for employees to report bullying, harassment or sexual harassment     
  • Managing a complaint formally or informally? Looking at factors to influence your approach, and assessing the seriousness of an allegation     
  • Balancing the interests of the complainant and other parties involved, and managing their expectations 

02:40

03:00

  • Reviewing the broad array of triggers for general protections claims - Coercion, undue influence or pressure and misrepresentations
  • Is a contractual term a workplace right? 
  • Understanding legal remedies and financial damages possible under general protections claims  
  • The reverse onus of proof: understanding this unique aspect in law 
  • Considerations for deciding whether to settle or challenge a General Protections claim 

03:45

  • Addressing latest performance management processes and pathways 
  • Minimising claims of unfair dismissal or constructive dismissal  
  • Exploring the various reasons for termination 
  • Company culture - if an employee isn’t quite a culture-fit, how do you address it?

04:30

04:40