Would your performance management process hold up? The Resolution gap.
Most Fair Work claims aren't won or lost in the hearing. They're won or lost in what was documented — or wasn't — before anyone filed anything.
Resolution is the fourth pillar of The Compass Method, and consistently the one founders score lowest on. Not because they handle difficult conversations badly — most founders I work with care deeply about their people. But because caring about someone and having a documented, consistent process for managing their performance are two different things. And Fair Work only sees the second one.
What "resolution" actually means in practice
Resolution covers the full arc of how your business handles performance issues, conduct concerns, conflict between team members, and exits — voluntary or otherwise. It's the pillar that gets tested when something goes wrong. And unlike Clarity or Wellbeing, which are largely about prevention, Resolution is where the consequences of underdocumented HR work show up in their most expensive form.
An unfair dismissal claim. A general protections application. A bullying complaint. A dispute about whether a redundancy was genuine. Each of these is, at its core, a question about process: was what you did documented, consistent, and defensible? Did the person know what was expected of them before the performance conversation? Did they receive a warning before termination? Did they have an opportunity to respond?
These aren't trick questions. They're the standard Fair Work asks. And the answers — or the absence of them — determine outcomes that can cost a founder tens of thousands of dollars and months of their time.
The pattern I see most often
A team member isn't performing. The founder knows it. The manager knows it. Everyone knows it — except there's nothing written down. No documented conversation. No formal warning. No performance improvement plan. Just an accumulating sense that something needs to change, expressed in corridor conversations and frustrated team meetings.
Then something tips. A final incident, a bad quarter, a restructure. And the founder needs to act. Quickly, and with very little paper trail to support the action they're taking.
That's where Resolution work becomes emergency work. And emergency work in HR is always more expensive, more stressful, and less defensible than the process that should have happened beforehand.
What a documented Resolution process actually looks like
It doesn't need to be bureaucratic. It needs to be consistent. At minimum, a Resolution-ready business can answer yes to these questions:
Does every performance concern get documented at the time it's raised? Not weeks later. At the time — who raised it, what was observed, what was said, what was agreed.
Is there a clear, staged process for performance management? Informal conversation → formal warning → performance improvement plan → outcome. Each stage documented. Each stage giving the person a genuine opportunity to respond and improve.
Is your exit process consistent? Whether someone is dismissed for performance, made redundant, or resigns — the process should be the same every time, not improvised per person. Inconsistency is one of the fastest ways to create a general protections exposure.
Do your managers know the process? A documented process that only you know about isn't a process. It's a document. The people making day-to-day performance decisions need to understand the framework and follow it consistently.
The single highest-leverage move you can make this week
Think of the last exit from your business — voluntary or otherwise. Ask yourself honestly: if that person had filed a claim the day after they left, what's in writing that shows the process was fair, consistent, and gave them a genuine opportunity to respond before the decision was made?
If the honest answer is "not much" — that's where Resolution work starts. Not with a 40-page termination policy. With a simple, documented framework that makes the next difficult conversation part of a process, not the beginning of a crisis.
This article is general advisory content, not legal advice. For matters requiring formal legal advice, speak with a qualified Australian employment lawyer.