2. Good faith What is poor performance? Probationary and trial periods Process

3. Good faith is about “Being active and constructive in establishing and maintaining productive relationships” Good faith involves Keeping employees informed Consultation Listening and considering input with an open mind Much more

4. Failure of employee to meet terms of their position Difficult issue to manage Can lead to eventual dismissal Probationary and trial periods

5. Misconduct: this is a breach of an organisational rule or policy Redundancy: this is the loss of the position Poor performance is failing to perform role to a satisfactory level

6. Needs to be objective Employment Agreement Performance Agreement Position description Professional standards

7. Should align with agency’s goals Goals should be achievable / measurable Should be developed with staff member Provide support / professional development Monitored regularly

8. Trial Periods Probationary agreements Best Practice

9. Identify the performance gap Meet with the employee Give employee opportunity to respond Develop a plan in consultation with employee

10. Repeat process for first meeting Advise employee if expectations have not been met Advise employee that employment may be in jeopardy (issue warning)

11. Must be justifiable Follow process set out in Employment Agreement Give employee a chance to respond Representation Relevant considerations

13. This presentation was put together by: Wellington Community Law Centre PO Box 24005, Wellington 6142 (04) 499 2928 info@wclc.org.nz www.wclc.org.nz Please feel free to download, adapt, improve, distribute, remix, tweak and build upon this presentation. Disclaimer: We’ve made every effort has been made to ensure this information is correct at the time of publication. However, we can’t take responsibility for errors or omissions. Teachers and learners may need to seek specific advice for your particular situation. Where appropriate, we urge you to do so. Visit your local Community Law Centre: www.communitylaw.org.nz THANK YOU