Take a more active approach to probation: Lawyer
SYDNEY, January 20, 2010: Take a more active approach to probation: Lawyer
Employers should take advantage of probation periods to actively manage and assess the performance of new employees, says Freehills workplace relations lawyer Shivchand Jhinku.
If poor performance becomes an issue shortly after a worker's probationary period, it raises the question: "Why didn't they terminate them during the probationary period?" The answer is often "because no one actually actively managed them", he says.
"HR needs to actively take steps to make sure that people within their probationary period are actually being assessed rather than simply assuming they'll go through that period and be confirmed."
HR Centre strategist Katherine Graham agrees.
Because a new employee tends to be "more high maintenance" than their counterparts, their manager or supervisor should spend "a significant amount of time" giving them direction, feedback, and perhaps even coaching during probation, Graham says.
Given the expense of re-recruiting, it is in an organisation's best interests to provide "the best frameworks and the best opportunities for people to perform," she says.
While new recruits should be treated differently from regular employees in regard to the amount of time spent with supervisors, levels of responsibility and accountability should be the same, Graham says. From "day one" employers should be setting expectations to ensure employees fully understand, and are able to meet, the responsibilities of their role.
When faced with an attitude or performance problem, Graham's advice is simple: "address it very quickly and very formally".
"Sit down immediately with the person, identify where the issues are, and also follow that up with some documentation, and that can be quite simple and not too formal. More or less 'look, thanks for your time, we discussed these items and we look forward to seeing improvements in the next term and we'll meet again next week'."
Supervisors should also be diligent in providing feedback when people are performing well, Graham says. "Give them some confidence and security," but still wait until the end of the probationary period to finalise their offer of employment, she says.
In cases where termination is being considered, Graham's advice for best practice is to adopt, and if need be adapt, the company policy for counselling and discipline. The time-frame may be "abbreviated" but even in the probationary period, following a formal management procedure is important, she says.
According to Graham, the most common mistake made when managing employees under probation is "that the intensity of development and coaching and setting expectations isn't there as it should be".
"The other mistake we see in organisations is that it may be done well in one area, but not another. So there's inconsistency across how probationary periods are managed."
While termination during the probation period is sanctioned by the law, in cases of poor and inconsistent management it may "fall under a different legal framework" such as discrimination, Graham says.
Although probationary periods protect employers from unfair dismissal, they "don't protect an employer from claims with respect to harassment, discrimination and those sorts of things", says Jhinku, because such claims don't rely on length of employment. This is another reason to take care in explaining and documenting performance-related problems during probation.
Another area where employers "can get into trouble" is when the length of a probationary period is arguably "inappropriate".
In cases where probation lasts for six-to-12 months, an employee might argue: "You could have worked out whether or not I could do the role appropriately within three months, therefore that's how long the probationary period should have been, and therefore I'm entitled to notice under what would have otherwise been the terms of the contract," he explains.
Graham says that the standard time period for probation is three-to-six months and that the duration specified in a contract is usually based on the complexity of the role and the length of time it might take for an employee to experience "a decent scope or part of the role".
Seniority also plays a part. "Most roles in middle management and upwards are given a six month probationary period and that's usually because it gives a better idea of an ability to gauge cultural fit, which is important across all roles but really important in those senior roles," she says.
The level of feedback given during the probationary period is also dependant on the role. An individual with a comprehensive skill-set who has been recruited to a senior role will probably require less feedback than someone recruited to a lower level role, she says.
Graham suggests supervisors sit down with employees at the outset to discuss expectations and agree on appropriate stages for direction and evaluation. For some, feedback will be weekly, for others it will be linked to actual achievement of a specific objective or performance indicator.
Media contact and interviews: Managing director of The Human Resources Centre, Katherine Graham, is available for media interviews and background information. Graham has more than 15 years’ experience in human resources and payroll management.
To arrange an interview or for further information, including case studies, please contact Daryl Phillips on dphillips@humanresourcescentre.com.au
About The Human Resources Centre: The Human Resources Centre is an Australian owned and operated human resources consultancy, offering a wide range of services in all areas of HR management, including strategic, operational, legal, training and payroll functions.
With offices in each capital city, The Human Resources Centre assists organisations in areas such as: review of their HR structures and practices, compliance with workplace laws; recruitment and workplace policies and procedures; remuneration and performance management; staff training and development; workplace relations and mediation; occupational health and safety; payroll management and organisational culture.
The Human Resources Centre also operates The Resolution Centre, a specialist division advising on workplace conflict, mediation and employment law, and The Managed Payroll Centre, which offers outsourced payroll services.
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