Managing Performance in Organisations
— Lecture 5: Legal frameworks governing performance management
Managing Performance in Organisations
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Recap – Lecture 4
Identify what to monitor in the workplace.
Explain the benefits of monitoring for staff and managers.
Identify potential problems in analysing performance
Use a framework to analyse performance
Explain issues with each step of the analysis framework
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Learning overview
Identify the legal framework(s) that govern performance management
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Legal Frameworks
Australia has many different legal frameworks that govern performance management
Examples include:
Awards and regulations
Industrial relations regulations (e.g. Fair Work Act 2009 Cth)
State and Federal laws
Equal Employment Opportunity legislation
Anti-discrimination Act
Workplace Health & Safety
Workplace agreements
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Legal Frameworks (2)
Examples also include:
Workers’ Compensation
Specific employment contracts
Determination of tribunals, commissions and industrial courts
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Workplace Agreements
If you’re working in a large organisation, chances are they have a union-negotiated workplace agreement
These agreements will outline specifically how performance in the organisation is handled
HR team is responsible for overall management of performance of the organisation
Line managers/supervisors are responsible for managing performance of individuals/teams
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A Typical Policy (based on a workplace agreement)
Provides a general statement
Includes definitions – who is relevant, and what their role is
Principles – these include things like cognitive bias, diversity, gender equality, and non-discriminatory approaches
Responsibilities and/or authorities
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Example 1: Preamble
(Company name) is committed to ensuring optimum performance of all staff and has policies and guidelines in place that support and reward high performing staff.
Where there is unsatisfactory performance, this shall be managed in accordance with (Company name’s) Performance Guidelines and the procedures in the applicable industrial agreement, as amended or replaced.
Disputes arising from the application of this policy may be appealed through the Appeals Policy or through the dispute mechanisms contained in the applicable industrial agreement, as amended or replaced.
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Example 1: The steps
Stage 1
The employee must be provided with sufficient notice of the performance meeting to allow the manager and employee sufficient time to prepare for the discussion.
The manager is to ensure the employee understands what is covered in the meeting.
The manager and employee are to agree on the nature of the preparation of the meeting, including the documents that will be referred to during the course of the meeting.
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Example 1 (cont.)
Stage 2
The employee and their manager must discuss the following:
Goals
Actions
Developmental needs
Outcomes and measures of success
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Example 1 (cont.)
Stage 3
The employee and their manager must provide feedback to one another including:
Professional development
In a timely manner
Evidence based
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Example 1 (cont.)
Stage 4
The manager must evaluate the employee against the following criteria:
Performance against agreed upon targets
Agree to a new set of targets for the coming year
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Example 1 (cont.)
Grievance/Dispute Procedures
This is typically where the legal frameworks come into play
Where I have highlighted text in red is where it matches with the Fair Work Act (2009) and/or relevant State/Territory legislation, or the workplace agreement.
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Example 1 (cont)
Grievance/Dispute Procedures
If at any stage either the employee or manager do not agree on the content or outcome of the performance management process, the parties can seek an independent review.
The review will involve the HR Manager and the relevant senior manager of the employee’s area.
The panel will seek written submissions and conduct interviews with both parties documenting the reason for the dispute and seek supporting further evidence for review
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Anti-discrimination Acts
In Australia it is unlawful to discriminate on the basis of age, disability, race, sex, interest status, gender identity, and sexual orientation
The federal anti-discrimination laws are contained in the following legislation:
Age Discrimination Act 2004
Disability Discrimination Act 1992
Racial Discrimination Act 1975
Sex Discrimination Act 1984
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Anti-discrimination Acts & PM
Age discrimination – direct and indirect forms
Direct form – a person treats another less favourably than – in situations that are the same or not materially different – worse due to their age
Indirect form – a person proposes to impose or imposes a condition that disadvantages people of different ages
Disability discrimination – direct and indirect forms
Direct form – a person discriminates against another person on the ground of a disability, if because of a disability, that person is treated less favourably than an able-bodied person
Indirect form – a person requires a person with a disability to comply with a condition that the disabled person cannot reasonably do
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horn effect
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Racial Discrimination & PM
It is unlawful for a person to do any act involving a distinction, exclusion, restriction, or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural, or any other field of public life.
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Horn effect
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Sex Discrimination Act & PM
A person discriminates against another person on the ground of a disability, if because of a their biological sex, that person is treated less favourably than an a member of a different sex.
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Horn effect
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Review Questions
What legislation is in place to provide frameworks for performance management?
Why is this legislation important?
How might managers be influenced by the legislative framework?
Was Larry Bird the baddest dude on the planet in the NBA in the 80s?
Will Philadelphia trade Ben Simmons?
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