Useful answers before the first call.

Common problems include relying on a generic contract, choosing the wrong employment type or classification, leaving expectations unclear, failing to document decisions and waiting too long to address performance. Good contracts and simple management processes are easier to establish before a dispute begins.

A clear written contract helps both parties understand the role, pay, hours, notice and other agreed conditions. It does not replace minimum legal entitlements, an applicable award or an enterprise agreement. Employers should avoid copying a document that was written for a different industry, role or workplace.

Use a current position description, set clear performance and behavioural expectations, explain how success will be assessed and provide useful feedback early. Important conversations and agreed actions should be recorded so concerns can be addressed promptly and fairly.

The employee should understand the performance concern, the standard required, what improvement looks like and the time available to improve. Meetings, support, responses and outcomes should be documented. The appropriate process depends on the role, the concern and the workplace system.

Poor performance usually concerns an employee's capacity or failure to meet an expected standard. Misconduct concerns behaviour that may breach a workplace rule or obligation. The distinction matters because the investigation, response and disciplinary process may be different.

A warning should identify a genuine concern, explain what must change and make the possible consequences clear. Employers should first confirm the facts, consider the employee's response and check any contract, policy, award or agreement that may affect the process.

External support is useful when the issue is serious, a termination is being considered, internal independence is doubtful, a claim or deadline has arrived, or management is unsure which workplace system or process applies. Getting advice before a formal step usually preserves more options.

Address immediate safety and welfare, preserve relevant information and avoid reaching conclusions before the facts are tested. Decide who should assess or investigate the matter, what process applies and how confidentiality will be managed.

External support may be appropriate when independence, specialist experience or internal capacity is in question. It can also help when allegations are serious, involve senior staff or may lead to disciplinary action.

A person should understand the substance of relevant allegations and have a genuine opportunity to respond before adverse findings are made. The investigator should approach the evidence impartially and explain the process clearly.

Poor performance can lead to termination, but the employer should have a valid reason and a fair, well documented process. The employee should understand the concern and usually be given a reasonable opportunity to improve. The correct approach depends on the applicable system and the circumstances.

In the national Fair Work system, an employer with fewer than 15 employees may be covered by the Small Business Fair Dismissal Code. The count can include regular casual employees and employees of associated entities. The employing entity and applicable workplace system must also be confirmed.

Coverage can depend on the employer's legal structure, activities and where the employment is based. WA sole traders, partnerships and some unincorporated entities can sit within the state system, while many companies sit within the national system. Stephen can help identify which framework is likely to apply.

Check the reason, evidence, employee response, prior warnings, contract, applicable award or agreement, relevant policies, notice and final pay. If there is uncertainty, seek advice before communicating a final decision.

Know the employing entity, approximate employee numbers, the broad type of issue, the stage already reached and any immediate deadline. Do not submit employee names, allegations, medical information or documents through the public website.

Stephen can assist and represent employers as a workplace relations practitioner and registered industrial agent before the Fair Work Commission, the WA Industrial Relations Commission and the Industrial Magistrates Court of Western Australia. Where a particular forum requires permission to appear, Stephen can advise the employer accordingly.