Performance and Misconduct Policy
This Poor Performance and Misconduct Policy can be used to ensure employees are aware of the expected standards of performance and behaviour at work, and the consequences of any failure to meet these standards. This Policy outlines the disciplinary process that may apply for poor performance or conduct issues based on their frequency and/or severity.
Last updated October 24, 2025
Suitable for Australia
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What is a performance and misconduct policy?
What is a performance and misconduct policy?
When should you use a performance and misconduct policy?
When should you use a performance and misconduct policy?
What should be in a performance and misconduct policy?
What should be in a performance and misconduct policy?
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Frequently asked questions
How does this policy help protect my business?
keyboard_arrow_upDoes the policy comply with Australian workplace laws?
keyboard_arrow_upCan the disciplinary process be adapted to different situations?
keyboard_arrow_upWhat are some examples of misconduct covered?
keyboard_arrow_upAre there any limitations to using this policy?
keyboard_arrow_upHow should this policy be communicated to employees?
keyboard_arrow_upWhat steps should I take after implementing the policy?
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The Legal Risk Score of a Performance and Misconduct Policy Template is Low
Our legal team have marked this document as low risk considering:
- The document allows the Company to vary the disciplinary process based on the specific circumstances, which could lead to inconsistencies in how employees are treated.
- The categories of unsatisfactory conduct and serious misconduct are broadly defined, which might give the Company substantial discretion to determine what constitutes a breach, potentially leading to subjective interpretations.
- The lists of examples for unsatisfactory conduct and serious misconduct are not exhaustive, which may leave employees uncertain about what other behaviors could be grounds for disciplinary action.
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