Common use of Unsatisfactory Work Performance Clause in Contracts

Unsatisfactory Work Performance. Note: This clause does not apply if employees are a casual employees or to any probationary employee with less than six months continuous service. 17.1. If the employer is concerned about employee’s performance or conduct, the employer shall consult with employees and make the concerns known. The employer will advise employees of the level of performance or behaviour that is acceptable and discuss ways and means that an acceptable level may be achieved. 17.2. The employer may supply to employees contact details of appropriate organisations for assistance and support in the event of training, counselling or dispute resolution being required. 17.3. A reasonable time period agreed to be not more than 5 working days for the achievement of acceptable performance or conduct shall be discussed and set. Employees will be warned that the employment will be terminated if acceptable performance levels or appropriate behaviour is not reached. 17.4. The employer shall consult with employees during the period to discuss progress and, if necessary, to further warn employees that termination of employment will occur if acceptable levels are not reached. 17.5. The meetings and warnings shall be recorded in writing, dated, and signed by both the employer and employees. Should acceptable performance or behaviour not be achieved within the time period set, employees may be dismissed from employment on appropriate notice or payment in lieu of notice as provided in Clause 38. 17.6. The provisions of this Clause 17 do not apply to behaviour of the kind referred to in Clause 39.