Performance Counseling, Disciplinary & Termination

A practical approach

Updated for ERA Amendment Act No 2, 2010


Learning Objective

For new HR Managers (or as refresher/update), Line Managers & Supervisors to discuss & examine legislation & techniques relevant to the performance management of staff, and ongoing maintenance of good industrial relations, with a particular focus on avoiding personal grievances or other legal action. Uses NZ recent case study material. Updated for ERA 2010.

This one-day workshop is designed to provide practical, hands-on process models and best-practice systems for dealing with performance problems. The intention is to treat staff fairly and give them the opportunity to succeed. We need to use best-practice systems that comply with the principles of Good Faith yet at the same time provide a documented, evidence-based path to rely on that minimises the risk of a successful personal grievance.

What you will learn

  • Good Faith – what does it mean?
  • 6 Personal Grievance Categories, relationship to performance management
  • Performance Gap analysis
  • Assembling specific job and behaviour-based evidence for feedback
  • Starting soft – performance counseling meetings
  • Upping the stakes – the Warnings process
  • When everything has failed – the Termination process
  • How to carry out an Instant Dismissal (for serious misconduct)

What we will cover

  • Good Faith and the 6 PG categories in relation to performance management
  • Trial Period Versus Probationary Period – an important difference
  • Measuring performance against agreed expectations
  • Giving evidential feedback in Performance Counseling
  • The role and limits of the ‘support person’ – including Union delegates
  • Support person Vs Representative – the difference


  • Moving from Counseling to Warnings
  • The Warnings sequence, getting it right!
  • Termination meetings

Instant Dismissal

  • The Instant Dismissal sequence – getting it right!
  • Suspension while investigating
  • Instant Dismissal termination meetings


Length: One full day: 9am (sharp) to 4pm (approx)

Format: Interactive workshop

Optimum number of participants/facilitator: 15

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