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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Frequently asked questions
Use this Policy if:
- You want to ensure clarity regarding expected standards of performance and conduct at the workplace;
- You would like to provide clarity on the difference between unsatisfactory conduct, and serious misconduct which may result in instant dismissal;
- You believe the Company would benefit from having a clear disciplinary process that can be followed depending on the frequency and/or severity of an employee’s poor performance or misconduct;
- You need to communicate the consequences of poor performance and/or misconduct at the workplace, including the Company’s right to take disciplinary action; and
- You want to protect your Company from any potential disputes or claims relating to the disciplinary process in the event of poor performance and/or misconduct.
What does this Policy cover?
- Expected standards of performance and behaviour at the workplace;
- Consequences of poor performance or misconduct at the workplace;
- A framework for managing poor performance or misconduct, depending on the frequency and/or severity of the issue;
- Examples of unsatisfactory conduct or misconduct;
- Examples of serious misconduct; and
- The right of the Company to vary the disciplinary process based on the specific circumstances of any performance and/or conduct issues.
Further information:
View Sample Performance and Misconduct Policy
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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