Managing Underperformance Agent

Handle performance issues the right way fairly, clearly, and with the right documentation

This agent helps you manage underperformance from the first feedback conversation through to formal processes, written warnings, PIPs, and exits. It uses the COIN feedback framework and a defensible decision process so you can act with confidence and reduce your Fair Work exposure.

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Managing Underperformance Agent

Managing Performance Issues Is Hard but Avoiding Them Is Harder

Most managers know when something is not right. The problem is knowing what to do about it and doing it in a way that is fair to the employee, defensible to Fair Work, and actually resolves the issue.

You are delaying the conversation

Most performance issues get worse the longer they go unaddressed. The COIN framework (Context, Observation, Impact, Next Steps) gives managers a clear structure for initiating these conversations early and constructively.

There is no documentation trail

If a formal process becomes necessary, you will need evidence of the steps you have taken. Records of discussion, emails, feedback notes, and PIPs all form part of a defensible decision making process. Without them, decisions are difficult to support.

You do not know which process applies

The right approach depends on several factors. Is the employee still within their probationary period? Is this a capability issue or a conduct issue? Have expectations been clearly communicated? This agent assesses your situation and recommends the right starting point.

You are worried about a Fair Work claim

General protections and unfair dismissal provisions in the Fair Work Act apply before, during, and after formal performance management. This agent guides you through a general protections risk checklist before any significant action to reduce your exposure.

The Steps That Make a Performance Process Defensible

Clear expectations communicated before formal processes begin
A record of discussion as the first formal step
A structured PIP with specific goals, support offered, timelines, and review dates
Written warnings issued with proper notice and the opportunity for the employee to respond
Show cause meetings conducted fairly with adequate notice
General protections review completed before termination
All documentation retained securely

Fair management action including counselling, performance management, and investigations is explicitly not bullying under Australian workplace law. The key is that it must be fair, documented, and consistent.

What this agent can do

Prepare COIN structured feedback scripts for your specific situation
Generate records of employee discussion
Build a performance improvement plan with measurable success criteria and review dates
Draft written warning letters appropriate to the situation
Produce show cause meeting guides
Create termination messaging
Walk you through the defensible decision framework and general protections risk checklist before you act

No HR experience needed. Just ask, act, and move forward with confidence.

How the Managing Underperformance Agent Helps

1

Prepare for the feedback conversation

Get a COIN structured script for your situation. Know what to say, how to say it, and what outcome to document. This agent also generates a resetting expectations guide for situations where goals have not been clearly communicated.

2

Generate the right document at the right stage

This agent produces records of employee discussion, structured PIPs with measurable success criteria, written warning letters, show cause meeting guides, and termination messaging. Each document is generated for your specific situation.

3

Work through the defensible decision framework

Before taking significant action, use the defensible decision framework and general protections checklist to assess risk, identify any vulnerabilities in your process, and confirm you have followed the right steps.

Manage issues fairly,clearly, and compliantly

Use HR performance management tools to handle underperformance with structure. Take action early, reduce risk and support better outcomes for your business and your team.

Frequently Asked Questions