5 HR Problems for Small Businesses That Cost More Than You Realise

5 HR Problems for Small Businesses That Cost More Than You Realise

How Long Should a Performance Improvement Plan Las?

Determining the right duration for a Performance Improvement Plan (PIP) requires balancing operational urgency with procedural fairness and legal defensibility. Under Australia’s Fair Work framework, employers should give underperforming staff a reasonable opportunity to improve, with the appropriate timeframe depending on the complexity of the role and the nature of the performance gaps.

There is no single legally prescribed timeframe for a Performance Improvement Plan. In practice, a timeframe of 30 to 90 days may be appropriate depending on the circumstances. Fair Work Ombudsman guidance also notes that a reasonable period to improve performance is typically around 6 to 8 weeks.

The 30-Day Framework (4 Weeks)

A 30-day PIP is best reserved for entry-level roles or discrete, metric-based operational issues, such as meeting basic phone queue targets, correcting punctuality, or resolving data entry accuracy.

Applying a 30-day timeline to a complex professional role can carry a higher risk of being considered procedurally unfair, particularly where the employee needs meaningful retraining, support or time to demonstrate sustained behavioural change.

Employers should consider the nature of the performance issue, the employee’s role and the support required before deciding how long the plan should run. Fair Work Ombudsman guidance on managing underperformance provides practical guidance on setting clear expectations, providing support and following up on performance.

The 60-Day Standard (8 Weeks)

A 60-day window serves as a practical benchmark for many mid-level administrative, operational and professional positions.

This timeframe provides the employee with enough time to break established habits, apply feedback from midpoint reviews and demonstrate a sustained pattern of improved performance.

Fair Work’s formal steps checklist specifically notes that employers should give an employee a reasonable period to improve, typically 6–8 weeks, while regularly checking in with the employee during that period. See the Fair Work performance management checklist.

The 90-Day Extension (12 Weeks)

For senior leadership, long-cycle sales positions or complex technical roles, a 90-day PIP may be appropriate.

When key deliverables take months to show measurable outcomes, a 12-week timeline gives the employee adequate scope to demonstrate recovery while allowing the employer to properly assess whether performance has improved.

The key is that the timeframe should be reasonable for the role and the performance issue, rather than simply applying a standard 90-day period to every employee.

Ensuring Fair Work Compliance

Rushing a PIP is one of the fastest ways to undermine an otherwise legitimate performance management process.

Under Section 387 of the Fair Work Act 2009, the Fair Work Commission considers a range of factors when determining whether a dismissal was harsh, unjust or unreasonable. These include whether there was a valid reason for the dismissal, whether the employee was notified of that reason, whether they had an opportunity to respond and, in cases involving unsatisfactory performance, whether they had been warned about their performance. Read Section 387 of the Fair Work Act.

For small businesses with fewer than 15 employees, the Small Business Fair Dismissal Code also applies. The Code provides a specific framework for dismissal and can help small businesses demonstrate that a fair process was followed. Learn more about the Small Business Fair Dismissal Code.

To maintain procedural fairness, document regular check-ins, set objective KPIs rather than vague behavioural targets, and offer active support such as refresher training or mentoring.

Fair Work recommends that employers clearly explain the performance concerns, establish what needs to improve, provide appropriate support and regularly review progress. Fair Work’s managing underperformance guidance provides further detail on this process.

If an employee demonstrates clear positive momentum but falls slightly short due to operational barriers, extending the plan by 15 to 30 days may be appropriate. This gives the employee another reasonable opportunity to demonstrate sustained improvement and allows the employer to continue documenting the process before deciding what action, if any, should follow.

The Right PIP Is About More Than the Number of Days

The duration of a Performance Improvement Plan should never be selected simply because “30, 60 or 90 days” is standard practice.

The right timeframe depends on:

  • The seriousness and nature of the performance issue
  • The complexity of the employee’s role
  • How quickly the required improvement can reasonably be demonstrated
  • The training, resources and support available
  • Whether progress can be measured through objective KPIs
  • The employee’s response and progress throughout the process

A well-managed PIP gives an employee a genuine opportunity to improve while giving the employer a structured, documented process for managing performance.

The goal isn’t simply to reach the end of 30, 60 or 90 days. The goal is to establish whether meaningful and sustainable improvement has occurred.

Need help navigating HR in your business?

Get practical advice tailored to your team and stage of growth.

Facebook
Twitter
LinkedIn

Online Health Check Score
in 5 Minutes

Instant, personalised report with next steps.

Receive a prioritised action plan to lift organisational compliance, performance and growth.

HR performance assessment quiz promotional banner with report preview and business team images
Click-To-Call Contact Us

Before you go - Check your HR Compliance

Answer 9 quick questions in just 2 minutes to get an instant result and a short PDF summary highlighting key HR compliance risks.

Designed by HR experts. 100% free.