Ontario Municipal Human Resources Association

The “whys” of performance management are well known to most municipal human resources professionals: performance management can build positive working relationships by identifying and correcting problems early on, it can ensure employees are treated fairly and provided with the support they may need, and it can enhance the municipality’s credibility and public image as an employer.

It is the “hows” of performance management, however, that can present difficulties for even an experienced human resources professional or manager. Below, we’ve identified some typical pitfalls in the performance management process, and provided tips on how to avoid them.

1. Reacting rather than preventing: Performance management is intended to be an ongoing process from day one, rather than an “in the moment” reaction to an incident of poor employee performance. Meeting with employees before problems arise assists in building rapport and opening a dialogue between Human Resources and the employee. Further, meeting early and often allows issues to be identified and resolved early on, through coaching or training, before a performance improvement plan or discipline becomes necessary. When it comes to performance management, sooner is always better than later.
2. Failing to distinguish between culpable versus non-culpable conduct: When faced with an employee’s unsatisfactory job performance, the first step is to determine whether the conduct is innocent (“non-culpable”) as opposed to blameworthy (“culpable”). Non-culpable performance issues suggest that an employee is currently unable to meet the required standard of job performance, but can likely meet the standard with support, such as feedback, coaching, enhanced training or supervision, or even, if medically substantiated, formal accommodation. By contrast, culpable performance issues suggest that the employee is able but unwilling to meet the standard of job performance. Such issues are better corrected by progressive discipline than by performance management.
3. Inconsistency: Failing to enforce workplace rules and standards consistently, both as between employees, and with the same employee over time, inadvertently creates a workplace culture where employees do not know what to expect. As a result, employee may begin to perceive the municipality as an unfair employer. Clearly communicating expectations and rules, and then following them up with consistent enforcement, creates more employee trust and retention than taking an ad hoc approach to performance management.
4. “Harassment hesitation”: Even experienced human resources professionals may “freeze” before starting a performance management discussion, especially with a difficult employee, fearing that the meeting may give rise to an allegation of workplace harassment. Ontario’s Occupational Health and Safety Act is clear, however, that “reasonable actions” taken by an employer relating to the management and direction of employees is not harassment. As a result, fairly evaluating an employee’s work, providing reasonable constructive feedback, and offering routine coaching are all, by definition, not workplace harassment. That said, since the employee on the receiving end of the employer’s input may feel otherwise, it is especially important for Human Resources to document all interactions with the employee as part of the performance management process, and to ensure fair, objective, and consistent treatment of all employees. The bottom line: performance management, if done respectfully and consistently, does not equal workplace harassment.
5. Being too general: Often, and sometimes in an attempt not to hurt an employee’s feelings, human resources professionals fail to identify an employee’s performance challenge in specific terms during their initial meetings. In order to understand the employer’s concerns and the steps required to address them, however, an employee needs to hear a clear explanation of the ways in which their performance is not up to par. Simply telling them “you’re not meeting our standards” or “you’re just not doing the job” will not assist in resolving the issues because such feedback does not address the communicated standard or how the employee is expected to improve in order to meet that standard. Additionally, following up in writing with the specific areas that the employee needs to work on, and which were discussed with the employee, on is always advisable.

Comprehensive, consistent, and well-documented performance management commonly avoids the above-referenced challenges, and most often results in employees correcting their behaviour, such that discipline and terminations are avoided and employee retention and morale improves. Municipalities are nonetheless encouraged to seek legal counsel regarding their obligations and best practices if questions arise during the performance management process.