Why early action matters
Performance issues rarely improve on their own. When employers wait too long, small concerns grow into serious problems. A rushed response at that point often leads to a personal grievance claim.
We help employers set clear expectations from the start. The goal is a practical process that gives your team member a genuine chance to improve, while protecting your business if they do not.
A conversation in week two is far easier than a formal process in month six. We help you have the right conversation at the right time.
What fair process looks like
New Zealand employment law requires employers to follow a fair and reasonable process. We guide you through each step so the process is robust and defensible.
- 1 Set clear expectations: Define what good performance looks like in the role, with specific examples.
- 2 Raise concerns directly: Tell the employee where they are falling short. Use concrete examples, not vague labels.
- 3 Listen to their response: Give the employee a genuine chance to explain. There may be factors you have not considered.
- 4 Provide support and time: Offer training, mentoring, or adjusted workload. Set a realistic timeframe for improvement.
- 5 Document everything: Record meetings, agreed actions, and progress reviews. Good records protect both parties.
Performance improvement plans
A PIP can be a useful tool, but only when the goals are realistic and measurable. We help you build plans that are fair and stand up to scrutiny.
Common mistakes we help you avoid
These are the patterns we see most often in grievance claims. Each one is preventable with the right approach.
Telling someone to "lift their attitude" without specifying what needs to change.
Without documentation, later action can appear sudden or unjustified.
Changing the goalposts during the process undermines fairness and trust.
Not considering training gaps, health issues, workload, or role clarity before acting.
Process and substance
Recent changes to employment law place greater emphasis on the overall fairness of a situation. Decision-makers now look at the substance of what happened, not just technical process steps.
This does not mean employers can skip process. Fair process remains a core protection for your business. It means the focus is on genuine fairness, not box-ticking.
When to get advice from us
We recommend getting advice early in these situations. The sooner we are involved, the more options you have.
- The employee holds a senior or safety-sensitive role
- Health or incapacity issues may be contributing to poor performance
- Performance concerns are mixed with misconduct allegations
- You think the process may end in termination
Performance management in Hawke's Bay
In a region where businesses are often close-knit, performance conversations can feel personal. We help you separate the professional from the personal. Our team understands the local employment landscape and works alongside you through each stage.
What we do at this stage
Our employment team works with you at every stage of the performance process.
- We structure performance plans that are fair and workable
- We draft letters and meeting documentation with the right tone and legal framing
- We advise on risk points including medical issues, disability, and safety concerns
- We guide you through the decision stage if termination is being considered
How we help
We help you build a performance process that is practical, documented, and legally sound. Get advice from us before formal steps begin.
