Performance Management Processes & Risks Workshop
Attend this workshop to navigate the complexities of navigating performance management - one of the most difficult, time consuming and intense roles of an HR Practitioner is navigating performance complexities. This workshop will look at processes for addressing performance, managing terminations, minimising HR risks, and how to substantively justify your decisions. It will also explore the fact that there are times when you can run the best process in the world and the employee still looks to raise a personal grievance, and how to manage that.
WELLINGTON: MONDAY 2ND MARCH
AUCKLAND: WEDNESDAY 4TH MARCH
8.30 Registration and welcome tea / coffee
EFFECTIVE PERFORMANCE PROCESSES
• Adopting effective and performance processes and pathways
• Starting a PIP, and reducing the risk of constructive dismissal claims
• Reducing the impacts of performance processes
• What and how are you measuring performance against?
• Managing the space where misconduct and performance meet
• Understand the processes required to terminate for performance or misconduct
10.30 – 11.00 Morning break
CONSEQUENCES OF MISCONDUCT
A total breakdown in the trust and confidence in the employment relationship may result in you, as an employer, looking to start a process which inevitably leads to termination for serious misconduct.
• Examining some examples of serious misconduct such as bullying, sexual harassment and misuse of social media
• Understanding reasonable management actions, and ensuring substantive justification
Assessing related case law
12.20 – 1.00 Lunch break
SICK LEAVE, MEDICAL INCAPACITY AND THE ACC
One of the more difficult tasks for managers and HR practitioners is managing the impacts and implications of leave when employees are away from the workplace for long periods of time due to illness or injury
• Looking at performance processes or terminations triggered by long sick leave or medical incapacity periods
• Knowing employer and employee entitlements
• When you, as an employer, can “fairly cry halt”
• Dealing with mental health factors, and medical incapacity
2.30 – 2.50 Afternoon break
TERMINATIONS & PERSONAL GRIEVANCES
Performance processes can be time consuming, expensive and negatively affect productivity and the workplace balance. There are also occasions when employers can run the best performance process and still face a personal grievance.
• Investigating alternatives to commencing a performance process, when the employment relationship is clearly no longer sustainable
• Navigating personal grievance claims
• Reviewing recent case law and trends regarding awards for hurt and humiliation
Facilitated by Fiona McMillan, Partner, Lane Neave
Fiona McMillan has 12 years experience specialising in assisting employers with all employment law related advice including collective bargaining and human rights commission matters. Fiona regularly represents employers in Mediations, Employment Relations Authority Investigation Meetings and the Employment Court. Fiona was Counsel in the leading case on penalties, Borsboom v Preet PVT Limited.
Fiona has worked extensively with employer clients around the often vexed area of performance management processes. Not only does Fiona provide advice on the process but assists clients with implementing and monitoring these plans.
She has built strong relationships within a number of different industries including corporate, tourism, the bus and coach industry and manufacturing.
Fiona has a hands on style of practice which involves working in a business as opposed to working alongside it. Fiona is often instructed to undertake external investigations for employers and regularly completes HR Audits for her clients.
Although Fiona is based in Auckland she works with clients in all parts of the country. Fiona regularly presents employment law seminars around New Zealand.
Fiona was nominated for Young Lawyer of the Year at the 2016 New Zealand Law Awards.