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Fabsteel
01-03-2012, 01:11 PM
We currently employee a full time trade assistant who is 67 this year and the issue we have is his work productivity as he isn't coping with the current workload. He has slowed his pace in the last year.

We have spoken to the employee suggesting maybe going parttime to try and ease the situation but he has refused. I have suggested that maybe it will have to be a performance review to monitor his productivity etc and issue warnings then terminate. We have another issue in that he doesn't speak english very well and only one other person can translate the information to him.

The bosses suggested redundancy but I have said no go as you would employ another TA straight away. The other thought was maybe offer a retirement package.

Is anyone aware of another way to resolve this situation? any thoughts would be appreciated..

Neb-Maat-Re
02-03-2012, 06:37 AM
Does your modern award have any sort of fitness for duty provision?

Our EBA has a sub-clause under the sick leave provisions that provides for the employer to require a medical certificate where there is a genuine concern about the employee's capacity to undertake their duties.

In the past, I have gotten the employee's agreement to write to their doctor asking questions about their current and future capacity against their job description / work requirements. It's more normally done in return-to-work after injury or illness situations, but this could come under the status of injury prevention.

Once you have evidence of reduced capacity, it's then up to the business to decide the appropriate action: Alternate duties, encouragement to resign/retire, or possibly even termination depending on the strength of the fitness for duty provisions.

Greg Schmidt
07-03-2012, 01:44 PM
I'd probably be cautious about proceeding down a "fitness for duty" path unless you have a definite reason for doubting his medical fitness. If the employee was observed to require frequent rest breaks, or if he seemed unable to lift a normal load, you would have a reasonable basis to question his medical fitness.

But without some specific link to a health issue, I would be inclined to treat his lack of productivity as a straightforward performance management issue. Remind him of what the job requirements are, and work with him to get him up to standard. If as part of that process the employee tells you that his health/fitness is the cause of his poor performance, then you can go down the fitness for duty track.

But I would suggest that you start with a career guidance session that included an offer of a retirement package. I agree that labelling the problem as redundancy isn't the answer.