Introduction
At Hireup, we are committed to having a comprehensive performance management and incident response framework that encourages high performance consistent with our values whilst also ensuring our practices are underpinned by fairness, transparency and respect.
This policy ensures that Hireup’s required performance standards are consistently adhered to and that prompt and reasonable action is taken to resolve issues when such standards are not met. The policy also outlines a structured corrective action process to improve and prevent recurrence of undesirable Support Worker behavior and address performance issues.
Outlined below is a general overview of the process Hireup may take at any given time to address poor performance. Hireup reserves the right to combine or skip any step depending on the nature of each situation, the performance concerns, the potential for risk or harm and any other factors Hireup determines are relevant.
This policy should be read in conjunction with the Support Worker employment contract, the National Employment Standards (NES), the Fair Work Act 2009 and the SCHADS Award (as amended or replaced from time to time).
Hireup may amend, remove or replace this policy in its sole and absolute discretion from time to time. Nothing in this policy:
- provides any contractual rights regarding the performance management or any disciplinary action relating to Support Workers
- should be read or construed as modifying or altering the Support Worker Employment Contract.
Who this Policy Applies To
This policy applies to all Support Workers at Hireup.
Principles
- All performance management processes are underpinned by the principles of procedural fairness and the Hireup values.
- We create an environment that requires a shared responsibility between Support Workers and Hireup. This responsibility might look differently for each worker, but at its core is a commitment to ensure that Support Workers adhere to all of Hireup’s policies and that Hireup is ensuring a transparent, equitable and consistent performance management framework.
- We value our Support Workers and are committed to supporting them to achieve high levels of performance.
- We are committed to providing support and ongoing training to allow Support Workers to meet their professional expectations and the expectations of clients.
- We are transparent about what good performance looks like and provide the tools and resources where reasonable and necessary to encourage optimum performance.
Performance Management Process
The process described below applies to most performance management and/or disciplinary matters. Hireup reserves the right to vary the process depending on the circumstances instead of or in addition to the steps outlined below as would be reasonable to the circumstances. The process will always be underpinned by the principles of procedural fairness, which include the following:
- The Support Worker will be advised of the nature of the concerns.
- The Support Worker will be provided with an opportunity to explain their side of the story.
- The Support Worker will be provided with an opportunity to improve performance where reasonable and be provided with the access and/or resources to do so if applicable.
- In the event of a formal performance management meeting, the option to bring a support person to the meeting may be provided where appropriate.
Step One - Coaching and Informal Feedback
Coaching is the act of providing instruction, assistance or feedback with the aim of helping a Support Worker achieve a goal or a better performance outcome. Coaching also creates an opportunity to bring attention to an existing performance, conduct or attendance issues.
In general, if a Support Worker fails to achieve performance standards, Hireup encourages, if appropriate to the circumstances, to discuss/detail the concerns and provide coaching and/or feedback in the first instance. Coaching and/or informal feedback aims to clarify performance and/or behavioral standards to enable the Support Worker to achieve the required performance standard through other means, such as training and development.
As part of the coaching and/or counseling process, Hireup will clearly discuss/detail the nature of the performance challenge, including any steps or corrective action the Support Worker needs to take to improve performance or resolve the problem. Hireup may also direct Support Workers to relevant policies, procedures, training or resources that would encourage performance improvement and/or aid in an improved understanding of the required standards.
Step Two - Formal Feedback and/or Formal Warning(s)
In some cases, informal coaching and/or feedback may not be appropriate where a Support Worker repeatedly fails to meet the required performance standards or the performance concerns are so serious that a formal process is triggered. A formal process has the same aim as an informal process but is distinguished by the fact that it may result in formal disciplinary action, including written warnings where appropriate.
Hireup’s standard performance management process will involve:
- where informal feedback has not resulted in performance improving to a satisfactory level, issuing a first written warning.
- where a first written warning has not resulted in performance improving to a satisfactory level, issuing a second written warning.
- where a second written warning has not resulted in performance improving to a satisfactory level, issuing a final written warning.
In accordance with the principles of procedural fairness outlined in this policy, the Support Worker will be provided with a reasonable opportunity to improve their performance before any subsequent warning or other disciplinary action is taken.
While this policy outlines Hireup’s standard performance management process, Hireup may determine that it is necessary to amend this process, including skipping certain steps, where appropriate depending on the circumstances.
Hireup also reserves the right to choose the most appropriate mechanism for performance management, which may include but is not limited to a formal meeting, a phone call, a formal letter and/or a warning being sent or any other mechanism deemed reasonable or appropriate proportionate to the circumstances.
Performance management meetings will not be audio-recorded and Hireup does not consent to the audio recording of any performance management meetings.
Matters Requiring Investigation
In some instances, a formal investigation may be necessary and Hireup will at its sole discretion determine whether or not an investigation is appropriate to the circumstances. Matters classified as NDIS reportable will be investigated and carried out consistent with the NDIS Code of Conduct
Support Person
Where appropriate, the provision of a support person may be offered in a performance management meeting. The role of a support person is restricted to providing support to Support Workers to ensure they are able to give a full response and engage in a constructive meeting.
The support person should:
- Not have had any involvement in the conduct that is the subject of any of the allegations;
- not constitute a conflict of interest;
- keep all details of the matter confidential; and
- provide emotional support.
The support person is also a witness to the meeting and in this role may take notes on behalf of the Support Worker. However, the role of the support person/witness is not that of an ‘advocate’ and they are not permitted to speak on behalf of the Support Worker in meetings.
Reasonable efforts will be made to accommodate the availability of a Support Worker’s support person. However, if the support person's availability unreasonably delays the resolution process, Hireup may advise the Support Worker to nominate another support person. Hireup also reserves the right to ask the Support Worker to choose a different support person if they constitute a conflict of interest, take on the role of advocate, or impede the ability to bring any matter to a resolution.
Failure to make contact
Hireup will make reasonable attempts to contact the Support Worker regarding performance and/or conduct concerns. However, if a Support Worker fails to respond or reply to correspondence on more than three instances, Hireup reserves the right, if reasonable and proportionate to the circumstances, to determine an outcome based on the information available.
This may include, but is not limited to, formal disciplinary action up to and including termination of any employment relationship with Hireup.
Suspension of account
In line with the Hireup Support Worker employment contract and due to the nature of Hireup’s core business practices being the provision of support to vulnerable people in an unsupervised environment, Hireup reserves the right to suspend a Support Worker’s account on the platform for any reason and for any duration of time as part of a performance management process to ensure the safety and wellbeing of all parties. If Hireup suspends a Support Worker’s account we will notify them in line with Hireup’s statement on suspension and termination which can be found here.
Final step - Termination of Employment
In line with Hireup’s statement on suspension and termination, in the event that Hireup does not identify sufficient improvement in a Support Worker’s performance during any performance management process conducted in accordance with this policy, Hireup may decide to terminate the employment relationship with a Support Worker.
Ordinarily, this will occur after a Support Worker has been given a sufficient opportunity to improve and formal warnings have been issued that their performance has been consistently unsatisfactory. However, Hireup reserves the right to reach such a conclusion at any time during a performance management process depending on the level of improvement demonstrated by a Support Worker, their engagement in the performance management process or other relevant circumstances.
Where a decision to terminate any employment relationship occurs, Hireup will:
- Advise Support Workers in writing of the reasons for termination.
- Contact any client/s that the Support Worker is currently working with to advise them that the Support Worker is no longer available, cancel any future bookings and assist them in finding alternative supports.
A Support Worker will be provided with the opportunity to have an appropriate support person present during any meeting to confirm a decision to terminate any employment relationship.
Any decision to terminate any employment relationship with a Support Worker must be approved in advance by at least one of the following individuals:
- Hireup Head of Service Operations
- Director - Worker Pillar
- Employee Relations Manager
- Any member of the Hireup legal team
- Trust and Safety Manager
Hireup will ensure that any decision maker to a performance management or termination decision is unbiased and does not present a conflict of interest in any way.