Ontario Municipal Human Resources Association

Performance management often becomes a focus only once an employee is already struggling. By that point, the organization may be trying to correct problems that have developed over months or even years, sometimes without a clear record of what was expected, what concerns were raised, or what opportunities were provided to improve.

Effective performance management starts much earlier. Employees should understand what is expected of them, how performance will be assessed, and what may happen if expectations are not met.

Start With Clear Expectations

Performance expectations should be specific, realistic, job-related, and clearly communicated. Vague feedback like “show more initiative” or “improve their attitude” provides little guidance. Expectations tied to observable conduct or results, such as meeting deadlines, responding to inquiries within established timelines, following reporting procedures, or communicating respectfully with colleagues, are much easier for employees to understand and for managers to assess.

Expectations should also be consistent with job descriptions, policies, collective agreements, and established practices. Where expectations change, employees should be told what has changed and given a reasonable opportunity to adjust.

Address Concerns Early

Managers should not wait for an annual review to raise concerns. Timely feedback allows employees to understand where they are falling short and address issues before problems become entrenched.

Early conversations also help employers identify why expectations are not being met. An employee may need clearer direction, training, or support. In some cases, performance concerns may engage accommodation obligations. Employers should therefore distinguish between an employee who cannot meet expectations and one who will not, as the appropriate response may be very different.

Where Performance Management Breaks Down

Performance management often breaks down because managers are not sufficiently equipped to address issues. Difficult conversations can be uncomfortable, and managers may delay them, make the concern unclear by softening the message, or avoid formal steps altogether. Some may lack time or capacity to manage performance consistently alongside their operational responsibilities.

Employers should therefore treat performance management as a leadership competency that requires training and support. Managers should understand how to communicate expectations, provide meaningful feedback, document concerns, distinguish coaching from discipline, and give employees a reasonable opportunity to improve. They should also understand that poor performance or incompetence does not necessarily amount to just cause for termination.

Conversations are Important, but Documentation is Key

Even managers who are having performance conversations can create risk where those conversations remain informal or undocumented. One of the most common performance management challenges arises where a well-meaning manager has spoken to an employee numerous times about the same concern but little or nothing has been recorded, and no formal discipline has been issued.

From the manager’s perspective, the employee has been warned repeatedly. From the employee’s perspective, those conversations may have been informal coaching rather than warnings that their employment could be at risk.

This distinction becomes critical where an employer later seeks to rely on the historical conduct to terminate employment after a “culminating incident”. Informal coaching cannot be treated as discipline after the fact, and a history of undocumented concerns is not a defensible disciplinary record.

Documentation does not need to be lengthy or adversarial, but it should identify:

• the expectation;
• the performance gap;
• examples of the concern;
• what was discussed with the employee, and when;
• support provided;
• the improvement required; and
• the timeframe for reassessment.

Where the concern is sufficiently serious or repeated, employers should also be clear about whether discussions are disciplinary, and about the consequences of failing to improve.

Give Employees a Genuine Opportunity to Improve

Performance management should be designed to genuinely improve performance, not simply to create a record for termination. Depending on the circumstances, this may involve coaching, training, clearer direction, regular check-ins, or a formal performance improvement plan. Employees should understand what improvement looks like and be given a reasonable period to demonstrate it.

Managers should also avoid sending mixed messages. Positive performance reviews, unexplained bonuses, or statements suggesting that performance is satisfactory when it is not can undermine a later position that there were serious concerns.

Create Predictability

Good performance management creates predictability for everyone involved. Employees know what is expected and where they stand. Managers have a framework for addressing concerns consistently. HR has a reliable record if more serious action later becomes necessary.

Ultimately, when consequences are imposed, they should follow clear expectations, timely feedback, appropriate support, and a fair process. When clarity comes before consequences, employers are better positioned both to improve performance and to make defensible decisions when improvement does not occur.

Written by Aleksandra Pressey, Williams HR Law LLP