Personal Improvement Plan Counter defensive plan for unfair dismissal

LPhilMyGap on 21/03/2017 - 15:12

Hi all,

I'm a manager for a big corporation.

Recently we've (the company) implemented a new system and our budgeted KPI's(Key Performance indicators) are impossible to reach.
My team is managed very well, in my department we manage individual performance at 85% of performance currently it's sitting on 140%. But still the department can't hit the expected budgeted target.
I've been placed onto a PIP (Personal Improvement plan) without prior warning and it's affecting my mental health. I meet up with my shift manager on a weekly basis to go through the PIP plan.
I truly believe this PIP has a predetermined outcome (to get me fired) and have a strong feeling they will get rid of me. They are currently gotten rid of all the old management before me (making room for new blood) and I'm the last one on their list.

I'm asking OZ bargainers out there to band together and help me out; with advice as to what defensive approach I should take.
I've got access to all the files and documentations needed.
How should I structure my case for unfair dismissal if this goes to "Fairwork"?
Has anybody got any templates I could use?

I can't afford to lose this fight, as I've got a mortgage and a small son to look after.

Education & Work

Comments

  • oscargamer on 21/03/2017 - 15:38
    +18

    I would strongly recommend you go and see two people. A lawyer that specialises in employment law and your gp. Both as a matter of urgency

    • vinni9284 on 21/03/2017 - 17:24
      +3

      I would second this advice.
      The Employment lawyers will give you sound advice and pros and cons of your situation.
      It may cost you $200+(depends on who it is) however you will get a clearer picture and be prepared.
      Do it ASAP as it affecting your health.
      Good luck.

      • PhilMyGap on 21/03/2017 - 17:47

        Oz bargainers do you know of any reasonably priced Employment lawyers in Brisbane?

        • Marko6164 on 21/03/2017 - 18:06
          +4

          Not sure whether it is a good idea, may be add income protection plan to your do list.

          Keep printed records of important mails and documents. Good luck mate.

        • vinni9284 on 21/03/2017 - 22:28

          @Marko6164: Insurance companies are well aware and ahead of the game. It is most important to read the questions that are asked before you sign up into the policy. I'm sure that there will be some past historical questions in relation to being on Workcover or currently on PIP; previous warnings etc .. (well it could be worded differently). Full disclosure is required. Also there is a qualifying period and possibly a medical test before you are accepted. Obviously, reading the fine-print (if you have time reading 120+ pages) before commencing is highly recommended.

          As Insurance companies are very renowned for: Glorifying ads and their massive welcome pack with glitter and picturesque harmonious themes when you join, and then wiggle out of any claim if possible by referencing to some fine-print clause that has never been published :-)

          But honestly I think that the OP is more concerned right now in receiving sound advice from OZB and lowering his/her stress levels atm.

          Definitely agree with snapshot of emails or any correspondence relating to your concerns that can be used as evidence.

          Cheers

        • Jalif on 22/03/2017 - 21:29

          @Marko6164:
          It's almost impossible to find an income protection plan that covers involuntary employment now.

  • try2bhelpful on 21/03/2017 - 15:43
    +6

    Is it possible for you to find out what the other managers KPIs are to see if yours are significantly different?

    Companies are joining each other in a race to the bottom. Instead of ensuring the customer has a good experience it is all about outsourcing and downsizing and nobody cares about Domain knowledge until they have a crises situation and nobody knows what to do.

    Todays world is all about trying to set customer expectations lower and lower so that even the minimum of service is considered acceptable. Don't even think about ringing the "no help" desk as you will be on hold for hours and then cut off when the person can't help you. Anyway, rant over.

    I would be honest with your one up manager and ask them where this is going. If you are being managed out then you need to start looking elsewhere as you are likely to be juggernaughted. The best thing you might be able to do now is see if you can get a good package and find a job elsewhere. Best of Luck.

  • pjetson on 21/03/2017 - 16:14

    juggernaughted

    I don't understand this. What does it mean?

  • MercSal on 21/03/2017 - 18:11
    +1

    There are a lot of variable about PIP's that depend on your award or Enterprise agreement. I would strongly suggest contacting your relevant union. While you would almost certainly be required to pay some back dues as you are coming to them with an existing issue, it will definitely be cheaper than privately hiring an employment lawyer.

    Otherwise, slater and gordon do a significant amount of employment law work.

    • PhilMyGap on 21/03/2017 - 18:32

      Cheers mate. Will look at joining the SDA Union.

      • MercSal on 22/03/2017 - 16:27

        You are in retail?

        Check RAFFWU as well.

      • DemocracyManifest on 04/04/2018 - 11:55

        Hope this was resolved, SDA will be the only ones with resources to be able to take up your case.

  • mskeggs on 21/03/2017 - 18:55
    +3

    I understand you have a mortgage, but with the exception of some workers in highly organised professions (maritime, some manufacturing etc.) it is unlikely you will have a large enough termination payment to make the anguish of fighting a business who wants you gone worthwhile.
    So even if you successfully, after much stress, succeed in getting fairer KPIs etc, a determined management will just make you redundant. And if they really get annoyed that you made it hard for them, they will do things to make your day to day work life painful - as they are doing now. And you risk them bad mouthing you as a trouble maker to future reference checks.

    Truly the best thing to do is to act like you are unemployed already - cut your expenses to the bone, devote lots of energy to finding a new job, and work your job fairly, but not beyond reasonable in an attempt to hit unachievable numbers. Know your rights, and the notice they have to give to terminate you, and budget accordingly. Work your LinkedIn network, catch up with old colleagues at Friday drinks, start actively getting a new position.

    Sadly, unless you suddenly find the managers above you replaced, the current position is unlikely to ever get better.

  • Lequ83 on 21/03/2017 - 19:17
    +1

    Yes try and join your union but note that many will not take you on to represent you for an existing issue. This prevents people from just deciding to join up because they have suddenly come across a problem.

    I'd be very surprised if you could get any kind of reasonable advice from a lawyer for $200. Its likely to be more expensive.

    Make sure you keep very good records so if you are terminated unfairly you can lodge an unfair dismissal claim (long as you meet the criteria, i.e. if you earn too much you aren't eligible, also read https://www.fwc.gov.au/content/rules-form/unfair-dismissal-a…). If you can prove the dismissal was harsh, unjust or unreasonable then you may have access to some form of compensation or reinstatement. If the PIP is unreasonable as you seem to suggest, then I suspect you will have a case. If its not unreasonable you should be able to achieve it.

    I'd also recommend trying to have a frank and open conversation with management. Tell them you are concerned you are being setup and its impacting on your mental health and document the conversation. Yes do go see your GP. Do you have access to an employee assistance program through work?

    If the writing is on the wall and you reckon you're a goner anyway, why not try and negotiate a big payout to leave. This is probably preferable to staying somewhere you aren't wanted if this is the case.

    Best of luck.

  • Gunther on 21/03/2017 - 19:59
    +3

    Ive seen it in Government and Private industry, If a company wants you out, you will be pushed out - HR is there to protect the companies interests, not the employees.

    Think of this as a heads up and start considering other positions NOW.

    Don't take it personally, companies sometimes want fresh meat (or their friends) irregardless of who you are or your performance.

    • oscargamer on 21/03/2017 - 20:20
      -2

      irregardless…..that's not even a real word,,,,,,,is it?

      https://en.wikipedia.org/wiki/Irregardless

      • Gunther on 21/03/2017 - 20:40
        -1

        Chrome spell checker says yes!

      • mskeggs on 21/03/2017 - 21:53
        +3

        It's perfectly cromulent.

        • terrys on 22/03/2017 - 09:41
          -1

          I'll just throw in 'coruscate' for anyone playing the Stephen R Donaldson drinking game…

        • mingofmongo on 22/03/2017 - 10:52
          -1

          Only a kwyjibo would think that

    • LyndonBBear on 22/03/2017 - 16:34

      MERIT - Mates elevated regardless of intelligence or talent.

  • rgr on 21/03/2017 - 21:23

    are you a single parent or can your parent support you both for a short while?

  • andylch on 30/04/2017 - 05:44

    Any update?

    Big corp always have lawyers to take care any fight back from the employees in this situation. What you should do now is finding out how much is the reasonable lawful compensation you are entitled in case they let you go, and negotiate with HR if you are not satisfied. Of course, keep looking around for a new job because you don't want to stay in this company anymore no matter what will be the outcome.

    BTW, don't go to those employment lawyers because your final benefit will not be justified with their hefty service fee.

  • Pumpkin_rrr on 04/04/2018 - 12:47

    Just saw this and not sure where you are at.
    I have personally been thru the same process.
    Just briefly a few pointers:
    - How big are they, what's their chance of winning ie would Fairwork favour them?
    - How strong are you, emotionally and financially? Legal fees can be hefty and no guarantee of success. Sad to say many times your own Lawyer is the one who fails you. The process is emotionally long-drawn and I am quite a strong person with strong financials, but I couldnt stand the mental anguish. It is very demoralising.
    - Consider the other option: get some compensation, golden handshake, redundancy package….
    - Next job: where to get, who will be your References? Unless you are retiring, you're bound to need your Supervisors again.

    All the best, try not to stress too much. Look after your health and wellbeing, plus your family's. The rest are insignificant.

  • Wallyt99 on 10/04/2018 - 22:02

    This is a very difficult situation and I empathise with you.

    I would suggest you look up the maximum payable unfair dismissal payment for your position. Even if a case is found against them - Often the company will still have a right to terminate after paying you out e.g 12 - 20 weeks.

    You would need to go through a high amount of stress in order to secure a win which may only cover you for the time you spend fighting for your rights… Time you could have spent securing a new position.

    My suggestion is that you be open and honest with your supervisor about your genuine interest to do whatever it takes in order to be the best employee you can be. E.g putting yourself through additional training, getting mentoring coaching from them or other high performing managers all that type of rubbish.

    At the same time - start actively applying for other jobs.

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