Checklist for ensuring fairness when performance managing ill or injured employees

Introductory note:
When performance managing ill or injured employees, employers should provide substantive and procedural fairness.

How to use this checklist:
This checklist suggests steps that can be taken to place to assist an employer in defending a legal claim by an employee, including for an anti-bullying order during performance management, an adverse action under general protections laws (during performance management or on termination), unfair dismissal (if the employment is terminated), anti-discrimination laws and to ensure the process is determined to be “reasonable management action” for a workers’ compensation claim.

Links to related content:
1.	See the “What are the legal risks associated with performance management?” Guidance Note in the PG Employment module.
2.	See the “Dispute resolution under enterprise agreements” Guidance Note in the PG Employment module.
3.	See the “Sources of terms” subtopic in the PG Employment module.
4.	See the “General protections” subtopic in the PG Employment module.
5.	See the “Anti-discrimination laws” subtopic in the PG Employment module.
6.	See the “Anti-bullying laws” subtopic in the PG Employment module.
7.	See the “Unfair dismissal” subtopic in the PG Employment module.
8.	See the “Unlawful termination” subtopic in the PG Employment module.