1. Performance management Presented by Kelly Camden

2. Performance management Legal Aid Queensland process: 1.Performance planning 2.Diminished performance 3.Discipline Probation Misconduct Unfair dismissal Scenarios

3. Performance planning 2 way communication with employee. Formal meeting annually but feedback should be regular and timely. Document expectations and progress. Plan to be based on role description. Example: Area of responsibilityPerformance measuresPerformance ratingComments Provide legal advice and information across all areas of law. 1. Meets advice targets. 2. Has up-to-date knowledge of the law and procedure. 3. Provides accurate and thorough advice. 4. Treats clients with respect and courtesy. Meets objective.Met advice target numbers. Advice sessions appropriate duration. Advice details entered in system are accurate. Standard of work observed was good.

4. Reasonable management action Reasonable management action carried out in the reasonable manner is not bullying. Reasonable management action includes performance appraisals, measuring underperformance and having meetings about that, implementing discipline action, modifying workers’ duties or investigating breach of policy. Managers have a responsibility to take appropriate management action and make appropriate management decisions in response to poor performance.

5. Diminished performance If informal discussions don’t resolve issues, move to diminished performance. Provide letter to advise of diminished performance process. Create a performance improvement plan. Meet with support person to discuss plan and get sign off. Regular monitoring meetings, training and coaching. If objects are not met, commence discipline process.

6. Performance improvement plan Example: Area requiring remedial action Required standard of performance Action to be takenAchieved Yes/No By whenExpected outcome Client contactMaintain client contact in accordance with case managements standards. 1. Must have contact with client within 2 weeks of opening file. 2. Each file should have client contact at least monthly by letter updating the client of the next court date and progress of the matter. 3. Each client is to be notified of the next court date by letter within 2 days of the mention. Yes17/03/14Client should be aware of next court date and progress of the case.

7. Diminished performance For an allegation of unsatisfactory performance, your documentation should demonstrate that: –the staff member was advised of the performance issues; –they were given reasonable opportunity to improve; –they were advised of the potential consequences should their performance remain unsatisfactory; and –at the conclusion of the performance improvement period, performance was re-assessed prior to consideration of disciplinary action.

8. Discipline Formal discipline process in public service: 1.Show cause process for disciplinary findings. 2.Decision on disciplinary findings. 3.Show cause for proposed disciplinary action. 4.Decision and implementation of discipline action. May determine that no further action or management action is sufficient to address the issue. Discipline can include termination, reduction in classification, redeployment, forfeiture of an increment or a reprimand.

9. Probation Complete performance planning document on commencement. Provide regular feedback through probation. Evaluate performance and keep records. Attempt to address performance issues during probation. Extend probation if necessary. Provide letter of unsuccessful probation.

10. Misconduct Misconduct includes theft, assault, fraud. Misconduct entails an element of wilfulness. Summary dismissal is terminating employment for serious misconduct without notice. Before terminating employee, investigate the allegation including a discussion with the employee, allow the employee to have a support person, keep records, provide notice of termination.

11. Unfair dismissal Unfair if harsh, unjust, unreasonable or for an invalid reason. QIRC makes decision on application for unfair dismissal. Order may include reinstatement or re-employment, pay employee for remuneration lost and compensation if reinstatement or re- employment is impracticable.

12. Scenario 1 Sam is a great lawyer, but struggles to communicate well with clients, especially those from linguistically diverse backgrounds. Despite a number of complaints from clients, Sam doesn’t consider that he has any deficiencies in this area. Whenever his manager tries to discuss clients’ concerns, Sam dismisses them, saying everything’s fine. Suggestions: Reasonable to meet with Sam, raise concerns and implement corrective action. The fact that he does not recognise the issue is irrelevant but does make management more challenging. Corrective action to include training/ coaching in communication. Manager to attend client interviews to observe and provide feedback. If not successful, commence performance improvement plan. If objectives of plan not achieved, consider discipline. Ensure Sam is told the consequences for not improving and document.

13. Scenario 2 Phil is the principal lawyer of Regional Community Legal Centre, and responsible for all aspects of the legal practice. According to the organisation chart, staff position descriptions, and all other documented policies, Phil reports to an Executive Officer, but he refuses to accept direction from the EO on the basis that they ‘don’t know how to run a legal practice’. Suggestions: Breach of code of conduct not showing respect and failure to comply with reasonable direction. Discuss issue with Phil and advise that further incidents of this nature will result in disciplinary action. If continues to breach code of conduct, discipline and this may include termination or demotion. Document and provide in writing to Phil.

14. Scenario 3 Hilary is a social worker at the Rural Community Legal Centre, with a strong personality and a commitment to getting the best outcomes for clients. Sometimes, Hilary’s manner and approach is rough, to the point that some of her colleagues have complained about her ‘bullying’ them. Suggestions: Ensure Hilary has participated in code of conduct training. Behavioural issues are part of performance. 3 rd hand information is sufficient to explore the issues. Investigate bullying claims and if substantiated, breach of code of conduct. Discuss issues with Hilary and advise that further incidents of this nature will result in disciplinary action. If continues to breach code of conduct, discipline and this may include termination. Document and provide in writing to Hilary.

15. Scenario 4 Roberta is having problems at home – her long-term relationship is ending, and it’s pretty messy. Her performance at work has suffered and for months she’s been coming in late, leaving early, spending time on the phone speaking to her support network of family and friends, and in a permanent state of melancholy. Suggestions: Meet with Roberta and explain what you have observed. Be supportive- suggest time off if required, counseling, flexible hours or reduced hours for a temporary period. Discuss the impact of her actions on workplace/colleagues and advise of the expectations of her performance. If it continues for a prolonged period, you may want to start a diminished performance process.

16. In summary Clear performance expectations. Regular feedback. Period of time to improve. Invest in improvement. Give right of reply. Warn of consequences of continuing poor performance. Document!!

17. Questions? Email: kcamden@legalaid.qld.gov.au