Performance and capability procedure—flowchart

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Published by a LexisNexis Employment expert
Checklists

Performance and capability procedure—flowchart

Copyright © 2025 LexisNexis

Published by a LexisNexis Employment expert

Checklists
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This Flowchart sets out the procedure that an employer should follow when an employee performance or capability issue has been identified, including obtaining relevant documents such as contract of employment and appraisal records, considering the use of mediation, deciding who should undertake the performance monitoring, convening informal and formal meetings, the decision to dismiss or implement some other sanction, and managing the appeal process.

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Note 1—identifying whether there is a performance issue

If the employee’s performance is falling below the required standard, the employer may wish to address the situation through its performance procedure. For an example procedure, see Precedent: Policy and procedure—performance and capability.

A distinction is made between misconduct and poor performance. Where it is the employee’s conduct that is at issue, then a disciplinary process will be appropriate (see Practice Note: Managing performance—Dealing with poor performance).

Before commencing a formal process, it will be necessary to review the provisions of the employer’s performance procedure and consider, eg, if there are any required time periods between

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