Misconduct vs Poor Performance: Stop Mixing Them

Different problems, different paths

Poor performance is about standards, support, time, and review. Misconduct is about alleged breach of rules or standards of behaviour, facts, and proportionate process. Mixing the language confuses the employee and weakens the employer’s file.

Quick diagnostic for managers

• Is this mainly skill/will against a clear performance standard — or a rule breach?
• What evidence exists today (dates, examples, impact)?
• Which internal policy path applies?
• Must HR be involved before any formal step?

Common mix-ups

• Writing a show-cause letter for someone who was never trained on the system they “failed”
• Treating repeated insolence as a “coaching moment” with no record
• Using performance improvement language when the allegation is dishonesty or harassment

Manager habit that prevents damage

Pause one night on borderline cases. Write three factual bullets. Ask HR which pathway fits before you choose tone and template.

Train managers before the difficult conversation

Supervisory and employment-process modules help people managers choose the right path.