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Performance management and conduct for Support Staff

Most employees will never have an issue with conduct or performance.

However, in the rare situation where an issue arises, the onus is on the employer to use the appropriate approach to address it.

This requires them to understand the difference between conduct and performance, to have clear and reasonable standards, and to follow the principles that underpin the performance and conduct processes.

To support this, as part of the 2024-2026 collective bargaining round, clauses were added to the support staff collective agreements to ensure that schools, as employers, know the process to follow and what their employees are entitled to as they undertake that process.

This article is a general introduction to the topic of conduct and performance.

If you require advice specific to your situation, please contact our Advisory and Support Centre.

What is performance?

Performance is how an employee carries out the tasks and duties of their role.

Performance is measured against job descriptions, performance/appraisal agreements, and the expectations clearly set by the school with an individual employee.

What is conduct?

Conduct, on the other hand, is about an employee’s behaviour (at work and in certain limited situations outside the workplace).

Misconduct generally involves a breach of the employee’s employment agreement, the school’s code of conduct, or its policies.

Why is it important to distinguish between the two?

Managing a performance issue is different to managing a conduct issue and requires a different approach.

A conduct process may result in disciplinary action for an employee to dissuade them from repeating the behaviour. However, corrective action is not the purpose of an employer addressing a performance concern.

Addressing performance concerns is about supporting an employee in trying to, and ultimately meeting, the reasonable expectations the employer has set and communicated to them. This largely requires support and guidance rather than disciplinary action.

School leaders responsible for managing staff must be able to distinguish between them, apply the correct process, and avoid disadvantaging an employee by using the wrong one.

If you are unsure which process to use, please contact our Advisory and Support Centre.

Why is it important to have up-to-date documentation and clear expectations?

Fundamentally, an employee must know and understand what is expected of them before they can be held accountable against that expectation. These expectations must be reasonably attainable by an employee.

Therefore, a school (generally) should not be initiating a conduct or performance management process if the employee could not reasonably be expected to be aware of the standard of performance or behaviour they have allegedly breached, or if they are being held to an unattainable or unreasonable standard.

Schools should therefore ensure that they: 

  • Have clear, up-to-date documentation (such as job descriptions, policies, and codes of conduct) developed with employees, so all are clear on how employees are expected to behave and perform their duties.
  • Make sure employees have enough (paid) time to review the documentation and any updates, as well as providing opportunities to discuss and understand the expectations.
  • Address issues as soon as they arise, rather than allowing them to fester.
  • Foster a culture of ethical behaviour and accountability.
  • Provide regular professional learning and development to help employees grow in their roles.
  • Provide job-specific training and guidance to new employees and refreshers for existing employees.
  • Have a sound understanding of the work done by employees and set expectations based on that, rather than out of context.

What principles guide a process if one needs to be undertaken?

If you have a concern about performance or misconduct, you are required to raise the matter informally with the employee and attempt to resolve it “at the lowest level” first (unless the matter is considered serious misconduct, see below).

This involves first having a discussion with the employee about the concern and hearing their perspective. 

If, after that discussion, you determine further action is required, you are to be guided by the appropriate process in the applicable collective agreement.

The clauses viewed here:

or found in the applicable agreement at:

Any process must comply with the principles of natural justice and procedural fairness. An employee must be:

  • Told of the specific concerns and any likely potential consequences.​
  • Informed that they have the right to seek representation at any stage, and also where they can seek support.
  • Provided with all relevant facts or information that may influence a decision about them.​
  • Given a real opportunity for explanation, and that explanation be considered without bias.  
  • Given a fair and reasonable inquiry into the alleged misconduct, or a fair and reasonable attempt to improve their performance.​
  • Have decisions made about them in good faith, without bias.

If you believe you may need to undertake a performance or conduct process, please contact our Advisory and Support Centre.

What if an employee may have committed serious misconduct?

Most day-to-day issues with behaviour in the workplace are not serious misconduct and should be addressed at the lowest level possible.

Serious misconduct, however, is conduct that is severe enough to fundamentally undermine the employer’s ability to trust and have confidence in an employee, which could result in the end of the employment relationship. Examples include theft, assault or abuse of power/position.

If you believe you may be dealing with serious misconduct, please contact our Advisory and Support Centre immediately.

Templates, resources, and references

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Links from us
Collective Agreements