Author: Donovan
Cheah (Partner) (Donovan & Ho)
Employers who are
facing difficulties with poor performing employees may opt to place them on a
performance improvement plan (or “PIP”). The PIP is an exercise, taking
place over a number of weeks or months, and is usually meant to achieve the
following objectives:
• Making the
employee aware of their shortcomings
• Structuring
an action plan to allow them to improve their performance, and
• Giving them
clear and measurable goals to achieve.
In the best outcome,
the employee understands where they have been underperforming and uses the PIP
as an opportunity to rectify their performance to a suitable standard. In the
worst case, the employee fails to measure up despite the PIP and is terminated.
Employees who are
subject to a PIP understandably don’t view this as a benevolent gesture by
their employer. It is very human response to disagree with allegations that one
is underperforming. There are cases where an employee refuses to participate in
a PIP, alleging that the employer is biased, vindictive or otherwise telling lies
about the employee’s performance.
Can an employee refuse to
participate in a performance improvement plan?