1. EachPod

Georgie Chapman (HR Law Expert): The Fix for Employee Underperformance & Avoiding Unfair Dismissals

Author
John Downes
Published
Tue 29 Apr 2025
Episode Link
https://www.criticalfewactions.com.au/podcast/Georgie-Chapman-Staff-Performance-Management

Click here for further information and the downloadable resources:

https://www.criticalfewactions.com.au/podcast/Georgie-Chapman-Staff-Performance-Management

What if the biggest threat to your company’s culture isn’t employees who underperform—but the way you manage and let them go? In this episode, we unveil the surprising legal and strategic fixes you can implement right now.


On today’s #CriticalFewActions™ #Podcast, I talk with Georgie Chapman, an HR Law Expert who’s seen it all when it comes to managing underperformers. If you’re a mid-sized business leader (under $100M turnover) eager to sidestep unfair dismissal claims and cultivate a culture of high performance, this conversation is for you. Georgie’s insights range from the importance of detailed probation processes to the power of intentional communication and documentation—vital elements for any company hoping to avoid legal pitfalls and nurture a thriving team.


What you’ll learn

➡️ Probation Done Right: How proactive check-ins and clear feedback can prevent bigger issues down the road.

➡️ Intentional Performance Management: The crucial steps to set expectations, document progress, and support employees.

➡️ Navigating Terminations Safely: Why providing fair notice, ample communication, and a respectful process can shield you from legal trouble.

➡️ Balancing Compassion & Compliance: Strategies for handling personal issues that impact performance without risking claims of unfair treatment.


Highlights

00:00 Handling Underperforming Employees

01:03 Legal Considerations for Employee Termination

03:37 Probationary Period Best Practices

06:50 Intentional Performance Management

13:45 Documenting Performance Management

18:52 Conducting Termination Meetings

26:43 Addressing Employee Personal Issues

27:27 Balancing Personal Issues and Performance

28:47 Handling Claims and Legal Risks

30:40 Understanding Reasonable Management Action

33:50 Adapting Job Roles and Responsibilities

38:07 Distinguishing Performance and Conduct Issues

42:02 Navigating Termination and Dismissal

45:22 Constructive Dismissal Explained

47:34 Best Practices Post-Termination

53:14 Upskilling Managers for HR Challenges

56:07 The #CriticalFewActions™ to improve your business


If you found this conversation valuable, don’t forget to Subscribe to the channel, leave a comment, and share this episode with your peer business leaders. Your support helps us reach more CEOs who want to improve their organisation performance and its value, and it keeps the conversation going.


Stay in the loop with show updates and exclusive content: https://www.criticalfewactions.com.au/podcast/Georgie-Chapman-Staff-Performance-Management


Download the Episode Summary & Georgie’s Contact Details:

https://www.criticalfewactions.com.au/podcast/Georgie-Chapman-Staff-Performance-Management


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Oh, and every time Georgie speaks, I’m struck by how performance management isn’t just a legal tightrope—it’s an opportunity to strengthen relationships and demonstrate genuine care. Take note of how you approach underperformance. Often, the best fix involves clarity, empathy, and swift, fair action.


Thanks for watching/listening, and I look forward to hearing your thoughts in the comments below.

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