Performance management has a bit of a reputation. For many, it feels like a last resort — the dreaded “formal process” triggered when someone’s not pulling their weight. Others fear it because it feels overly legalistic or uncomfortable.

But at its core, performance management is not about punishment. It’s about people. It’s about giving someone the best chance to succeed — and handling things fairly when they don’t.

Let’s break it down, especially when the road is leading toward formal or disciplinary outcomes.

First, Understand the Two Kinds of Fairness

If you’re considering any form of disciplinary action, you need to be rock solid on procedural and substantive fairness.

• Substantive fairness = is there a valid, evidence-based reason for concern?
  
• Procedural fairness = was the process you followed fair, transparent, and consistent?
  

Under the Fair Work Act 2009, both matter. The Commission won’t just ask why you made the decision — they’ll look closely at how you went about it.

The 7 Steps of a Fair Remedial Process

When someone isn’t meeting expectations, here’s a clear, human-centred path to follow:

1. Clarify expectations early — Are KPIs or behavioural standards clear? Have they changed?
   
2. Document what you’re seeing — Track specific examples of where things are falling short.
   
3. Get curious, not furious — Ask: what else could be going on here? Could it be a skill gap, workload issue, or personal challenge?
   
4. Hold a respectful conversation — Share concerns, invite feedback, and agree on next steps.
   
5. Implement a Performance Improvement Plan (PIP) — Be clear, supportive, and time-bound.
   
6. Review progress with regular check-ins — Encourage improvement and acknowledge wins.
   
7. If no change, proceed to fair disciplinary action — Follow due process with compassion and legal compliance.
   

Manager Mindset Shift: From Frustration to Curiosity

It’s easy to slip into a punitive mindset: “They’re not trying”, “I’ve had enough”. But real change happens when we shift from blame to curiosity:

“What’s getting in the way of success here?”

“What haven’t we tried yet?”

“If this were me, what support would I need?”

This isn’t about going soft — it’s about going smart. A curious mindset builds trust, and trust builds performance.