Recorded Webinar: Performance Management, Mental Health and the Employers' Obligations

Performance management is a challenge for all employers. However, it can become even more complex when it involves an employee with mental health issues. This session examines how to get the performance management process right and avoid the risks of discrimination or adverse action claims. It covers:

• Implementing performance management policies and procedures – implementing a process that is procedurally fair, sensitive and just

• Training key personnel on mental health issues – why it is important

• Minimising harm to vulnerable employees during the performance management process

• Employer’s obligations to provide additional support to mentally ill employees

• What can employers do if a grievance claim arises from the process?

• Impact of extended leave on the performance management process

• Performance management and misconduct / underperformance:

  • What if the alleged misconduct or underperformance was the result of an employee’s mental illness?

  • What if the employer was not aware of the mental illness when reviewing the alleged misconduct / underperformance?

  • When can an employer safely terminate for misconduct / underperformance?

• Case law update