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Managing Underperformance – Avoid the Judge

How the legal requirements apply in practice.
Duration: 60mins


High performing staff significantly influence a practice’s overall performance and patient experience. However, when staff are underperforming, managers need to be able to address performance issues with fairness, confidence, and ideally with kindness. Managing underperformance can be challenging and confronting for managers. It can be daunting to genuinely support a staff member to improve performance while acting in the practice’s best interests and ensuring that the performance management process is legally compliant. Often by the time a formal performance management process commences, managers are already exhausted by their ongoing attempts to upskill underperforming staff. 

Understanding the theory of procedural and substantive fairness is the first step to mitigate the risk of unfair dismissal action. However, being able to apply these legal requirements in practice is the key to conducting a successful performance management process. 

This interactive session will enable clinicians to understand: 

  • what are the legal requirements for performance management and how do these apply in practice? 
  • how to identify and scope the performance issues? 
  • how to prepare for and structure the performance management process? 
  • how to conduct each performance management meeting? 
  • how to maintain the integrity of the process? 
  • what is the requisite paper-trail and evidence needed to support the process? 

What you will learn

  • Understand how the legal requirements for formal performance management translate in practice.
  • Find the balance between equitably supporting the staff member while acting in the practice’s best interests.
  • Conduct performance management processes confidently, kindly and with compassion.

Course Instructor

Ruth Levy
Ruth Levy Psychotherapist

Ruth worked as a Litigation Lawyer for 8 years. She practised as a Barrister in a number of areas of law, including Employment Law. She has subsequently worked in the area of Human Resource Management and Organisational Development for the past 20 years in the professional services, higher education and Not-For-Profit sectors. Ruth’s positions in Human Resources have included National Human Resources Manager for a firm of Patent and Trade Mark Attorneys, Human Resources Manager for an international firm of Forensic and Insolvency Accountants, Human Resources Manager at a regional university and Human Resources Manager for a number of Not-for-Profit organisations in the Northern Rivers region.

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Course Information

Estimated Time: 60 mins

  • Course Classroom

    • Welcome
      • Pre Work Activities
      • Webinar
      • Resources
    • Completion
      • Evaluation Quiz