36Dealing with unsatisfactory performance

#### 36 Dealing with unsatisfactory performance 36 Dealing with unsatisfactory performance > > (1) The person who exercises employer functions (the employer) in relation to a person employed in a government sector agency (the employee) may not take any action under section 68 (2) of the Act in relation to the employee unless— > > > > > (a) the employee’s performance is determined by the employer to be unsatisfactory in accordance with the agency’s performance management system, and > > > > > (b) reasonable steps have been taken to advise the employee that the employee’s performance is unsatisfactory and the basis on which it is unsatisfactory, and > > > > > (c) the employee is notified that the employer is proposing to take specified action under section 68 (2) of the Act in respect of the employee, and > > > > > (d) the employee is given a reasonable opportunity to respond to the notice, and > > > > > (e) the employer has taken any such response into consideration. > > > (2) (Repealed) > > **rule 36:** Am 2016 (422), Sch 1 \[2\]–\[5\]; 2017 (594), Sch 4 \[3\].