Fair Use Policy

Definitions and interpretation

In the terms and conditions on this page:

• “Intellectual Property Rights” means all intellectual property rights, including copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application, in all parts of the world;
• “Permitted Purpose” means the bona fide use of any provided document for genuine internal human resources purposes for you or your business solely;
• “User Documents” means all of the documents obtained from Hillen HR Pty Ltd and delivered to you via the website;

Fair Use

Without limitation to any other requirements imposed on the use of the User Documents, you must not:

• use the User Documents for any purpose or in any manner other than for the Permitted Purpose in accordance with any terms we may impose from time to time;
• use the User Documents in any way that could damage the reputation of Hillen HR Pty Ltd or the goodwill or Intellectual Property Rights of Hillen HR Pty Ltd associated with the User Documents;
• permit any third party to use the User Documents without Hillen HR Pty Ltd’s prior written consent;
• assign, sub-licence or otherwise deal in any other way with any of your rights without our prior written consent;
• disclose your password(s) to any third party;
• copy, reproduce, translate, adapt, vary or modify any User Document or create any derivative works based upon the User Documents, other than pursuant to the license granted to you under the heading “License” on this page below;
• modify or remove any copyright or proprietary notices pertaining to the User Documents; or
• engage in any conduct that, in the opinion of Hillen HR Pty Ltd at its sole and absolute discretion, indicates an intention to misuse and/or misappropriate any content of any User Documents.

Licence

Subject to the provisions under the heading “Ownership of Intellectual Property Rights” below and continued compliance with all of the provisions of our terms of use as notified from time to time, Hillen HR Pty Ltd hereby grants to you a perpetual license to keep, use and reproduce all User Documents validly produced by you in accordance with our terms of use as notified to you from time to time provided that such conduct is undertaken solely and exclusively for the Permitted Purpose.


No amendment or alteration is permitted to be made to the User Document (including any addition to, and/or deletion from, that User Document) without the consent of Hillen HR Pty Ltd.

Ownership of Intellectual Property Rights

You acknowledge and agree that:

• Hillen HR Pty Ltd does not transfer or assign any Intellectual Property Rights to you;
• your use of our site and/or client portal does not transfer or assign any Intellectual Property Rights to you;
• Hillen HR Pty Ltd owns and retains all Intellectual Property Rights in the User Documents, other than rights temporarily granted to you pursuant to the licence under the heading “License” on this page;
• Hillen HR Pty Ltd owns and retains all Intellectual Property Rights in the User Documents and you have no Intellectual Property Rights or any other rights in any part of the User Documents other than:
• the rights granted to you pursuant to the license under the heading “License” on this page above; and
• in respect of your own data.

• the rights granted to you pursuant to the license under the heading “License” on this page above; and
• in respect of your own data.

Consequences of Violation

Hillen HR Pty Ltd reserves all of its rights in relation to any breach of our terms, including any violation of this Fair Use Policy, including the right to seek injunctive relief and the right to sue for damages. Without limitation to those rights, if Hillen HR Pty Ltd finds that you have used the User Documents other than in accordance with our terms, Hillen HR Pty Ltd reserves the right to, without notice to you:

• limit your subscription; and/or
• suspend or terminate your subscription.

Our Latest Blog Post

Managing underperformance doesn’t have to feel confrontational or complicated

Managing Employee Issues Without Making Things Worse

January 18, 20264 min read

A calm, practical approach to performance management.

Managing employee performance can sometimes feel tricky especially when you genuinely care about doing the right thing.

A lot of business owners tell me they hesitate when it comes to managing employee performance because they don’t want to:

  • Damage the relationship

  • Say or do the wrong thing

  • Be seen as unfair

  • Accidentally create risk

That hesitation is completely understandable. But when performance issues are left unaddressed, they rarely improve on their own and they often become bigger issues, and more stressful over time.

But managing underperformance doesn’t have to feel confrontational or complicated. With the right approach, it can actually be fair, supportive, and clear for everyone involved.

Let’s go through when to step in, what to document, and how to stay fair and compliant without making things worse.

When Should You Step In?

As a general rule, it’s time to step in when underperformance is:

  • Ongoing rather than occasional

  • Affecting work quality, clients, or the wider team

  • Creating frustration or tension

  • Something you’ve already noticed more than once

Stepping in early doesn’t mean jumping straight to formal action. In most cases, it starts with a simple, respectful informal conversation about expectations and what support might be needed.

Addressing things early is often the kindest option - it gives the employee clarity and a genuine opportunity to improve.

Why Avoiding the Issue Can Create Bigger Problems

It’s natural to hope performance issues will resolve themselves, but avoiding them can lead to:

  • Confusion about expectations

  • Frustration from other team members

  • Inconsistent standards across your business

Clear, timely conversations help protect your business and your people.

What Should You Document?

Documentation often sounds more daunting than it needs to be.

You’re not building a case against someone, you’re simply keeping a clear record of what’s happening and how it’s being managed. The objective is for the employee to improve their performance.

Helpful documentation usually includes:

  • What the performance issue is, based on facts

  • When it occurred and whether it’s ongoing

  • What expectations were explained

  • What support, training, or guidance was offered

  • What was agreed as the next steps

Good records show that you’ve acted reasonably, communicated clearly, and given the employee a fair chance to improve.

How Do You Stay Fair and Compliant?

Fairness isn’t about getting everything perfect, it’s about following a reasonable and consistent process.

To stay fair and compliant:

  • Apply the same approach to all employees

  • Focus on behaviours and outcomes, not assumptions

  • Give the employee an opportunity to respond

  • Allow reasonable time and support for improvement

  • Follow a clear, structured process

Even valid performance concerns can lead to claims if they’re not handled well. Having a clear framework removes a lot of uncertainty and stress.

A Clear, Supportive Way to Manage Underperformance

One of the biggest challenges for business owners is feeling like they’re making it up as they go and not knowing what they can and can't do.

That’s why the Performance Management Toolkit inside the My HR Partner HR Hub exists.

It’s designed to give you:

  • A step-by-step approach to managing performance issues

  • Guidance on what to say and what not to say

  • Practical templates and checklists for documentation

  • Confidence that your process is fair, reasonable, and aligned with best practice

It supports you to handle issues calmly and professionally.

HR Support That Fits Where You’re At

Every business is different, which is why there are flexible options:

You don’t have to do everything at once just take the next right step.

You Don’t Have to Avoid Performance Conversations

Being a good employer doesn’t mean avoiding difficult conversations.
It means handling them with clarity, fairness, and care.

👉 Explore the Performance Management Toolkit for practical, supportive guidance
👉 Or
subscribe to the HR Hub for ongoing HR support as your business grows

With the right tools, managing employee performance can feel far more manageable, and much less stressful.

Ready to Feel More Confident About HR?

You don’t need to navigate HR alone — and you don’t need to overcomplicate it either.

👉Explore the HR Hub and new toolkits to see what support looks like when it’s practical, calm, and genuinely helpful.
👉
Subscribe for full access, or choose the toolkit that fits your current challenge.

Sometimes, having the right resource at the right time makes all the difference.

For further expert advice on human resources or if you have any questions about anything HR related, get in touch.

Karen Hillen is your HR Partner, she helps businesses by providing HR support and advice services.

For the right HR support and advice, book a My HR Partner HR Advice call with Karen Hillen.

https://myhrp.com.au/hr-advice-calls

Tapping into more than 30 years’ experience in Human Resources, staffing & payroll, Karen loves helping you get the best out of your people while providing you, the business owner, with peace of mind.

Karen Hillen

Tapping into more than 30 years’ experience in Human Resources, staffing & payroll, Karen loves helping you get the best out of your people while providing you, the business owner, with peace of mind.

Back to Blog

We provide HR advice and support. We have trusted partners to assist with any employment law issues
outside of our scope.

More info

PO Box 1079

Coolangatta QLD 4225

ABN 30 644 527 015

Get HR Advice from our HR expert

Fair Use Policy

Definitions and interpretation

In the terms and conditions on this page:

• “Intellectual Property Rights” means all intellectual property rights, including copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application, in all parts of the world;
• “Permitted Purpose” means the bona fide use of any provided document for genuine internal human resources purposes for you or your business solely;
• “User Documents” means all of the documents obtained from Hillen HR Pty Ltd and delivered to you via the website;

Fair Use

Without limitation to any other requirements imposed on the use of the User Documents, you must not:

• use the User Documents for any purpose or in any manner other than for the Permitted Purpose in accordance with any terms we may impose from time to time;
• use the User Documents in any way that could damage the reputation of Hillen HR Pty Ltd or the goodwill or Intellectual Property Rights of Hillen HR Pty Ltd associated with the User Documents;
• permit any third party to use the User Documents without Hillen HR Pty Ltd’s prior written consent;
• assign, sub-licence or otherwise deal in any other way with any of your rights without our prior written consent;
• disclose your password(s) to any third party;
• copy, reproduce, translate, adapt, vary or modify any User Document or create any derivative works based upon the User Documents, other than pursuant to the license granted to you under the heading “License” on this page below;
• modify or remove any copyright or proprietary notices pertaining to the User Documents; or
• engage in any conduct that, in the opinion of Hillen HR Pty Ltd at its sole and absolute discretion, indicates an intention to misuse and/or misappropriate any content of any User Documents.

Licence

Subject to the provisions under the heading “Ownership of Intellectual Property Rights” below and continued compliance with all of the provisions of our terms of use as notified from time to time, Hillen HR Pty Ltd hereby grants to you a perpetual license to keep, use and reproduce all User Documents validly produced by you in accordance with our terms of use as notified to you from time to time provided that such conduct is undertaken solely and exclusively for the Permitted Purpose.


No amendment or alteration is permitted to be made to the User Document (including any addition to, and/or deletion from, that User Document) without the consent of Hillen HR Pty Ltd.

Ownership of Intellectual Property Rights

You acknowledge and agree that:

• Hillen HR Pty Ltd does not transfer or assign any Intellectual Property Rights to you;
• your use of our site and/or client portal does not transfer or assign any Intellectual Property Rights to you;
• Hillen HR Pty Ltd owns and retains all Intellectual Property Rights in the User Documents, other than rights temporarily granted to you pursuant to the licence under the heading “License” on this page;
• Hillen HR Pty Ltd owns and retains all Intellectual Property Rights in the User Documents and you have no Intellectual Property Rights or any other rights in any part of the User Documents other than:
• the rights granted to you pursuant to the license under the heading “License” on this page above; and
• in respect of your own data.

Consequences of Violation

Hillen HR Pty Ltd reserves all of its rights in relation to any breach of our terms, including any violation of this Fair Use Policy, including the right to seek injunctive relief and the right to sue for damages. Without limitation to those rights, if Hillen HR Pty Ltd finds that you have used the User Documents other than in accordance with our terms, Hillen HR Pty Ltd reserves the right to, without notice to you:

• limit your subscription; and/or
• suspend or terminate your subscription.

Our Latest Blog Post

Managing underperformance doesn’t have to feel confrontational or complicated

Managing Employee Issues Without Making Things Worse

January 18, 20264 min read

A calm, practical approach to performance management.

Managing employee performance can sometimes feel tricky especially when you genuinely care about doing the right thing.

A lot of business owners tell me they hesitate when it comes to managing employee performance because they don’t want to:

  • Damage the relationship

  • Say or do the wrong thing

  • Be seen as unfair

  • Accidentally create risk

That hesitation is completely understandable. But when performance issues are left unaddressed, they rarely improve on their own and they often become bigger issues, and more stressful over time.

But managing underperformance doesn’t have to feel confrontational or complicated. With the right approach, it can actually be fair, supportive, and clear for everyone involved.

Let’s go through when to step in, what to document, and how to stay fair and compliant without making things worse.

When Should You Step In?

As a general rule, it’s time to step in when underperformance is:

  • Ongoing rather than occasional

  • Affecting work quality, clients, or the wider team

  • Creating frustration or tension

  • Something you’ve already noticed more than once

Stepping in early doesn’t mean jumping straight to formal action. In most cases, it starts with a simple, respectful informal conversation about expectations and what support might be needed.

Addressing things early is often the kindest option - it gives the employee clarity and a genuine opportunity to improve.

Why Avoiding the Issue Can Create Bigger Problems

It’s natural to hope performance issues will resolve themselves, but avoiding them can lead to:

  • Confusion about expectations

  • Frustration from other team members

  • Inconsistent standards across your business

Clear, timely conversations help protect your business and your people.

What Should You Document?

Documentation often sounds more daunting than it needs to be.

You’re not building a case against someone, you’re simply keeping a clear record of what’s happening and how it’s being managed. The objective is for the employee to improve their performance.

Helpful documentation usually includes:

  • What the performance issue is, based on facts

  • When it occurred and whether it’s ongoing

  • What expectations were explained

  • What support, training, or guidance was offered

  • What was agreed as the next steps

Good records show that you’ve acted reasonably, communicated clearly, and given the employee a fair chance to improve.

How Do You Stay Fair and Compliant?

Fairness isn’t about getting everything perfect, it’s about following a reasonable and consistent process.

To stay fair and compliant:

  • Apply the same approach to all employees

  • Focus on behaviours and outcomes, not assumptions

  • Give the employee an opportunity to respond

  • Allow reasonable time and support for improvement

  • Follow a clear, structured process

Even valid performance concerns can lead to claims if they’re not handled well. Having a clear framework removes a lot of uncertainty and stress.

A Clear, Supportive Way to Manage Underperformance

One of the biggest challenges for business owners is feeling like they’re making it up as they go and not knowing what they can and can't do.

That’s why the Performance Management Toolkit inside the My HR Partner HR Hub exists.

It’s designed to give you:

  • A step-by-step approach to managing performance issues

  • Guidance on what to say and what not to say

  • Practical templates and checklists for documentation

  • Confidence that your process is fair, reasonable, and aligned with best practice

It supports you to handle issues calmly and professionally.

HR Support That Fits Where You’re At

Every business is different, which is why there are flexible options:

You don’t have to do everything at once just take the next right step.

You Don’t Have to Avoid Performance Conversations

Being a good employer doesn’t mean avoiding difficult conversations.
It means handling them with clarity, fairness, and care.

👉 Explore the Performance Management Toolkit for practical, supportive guidance
👉 Or
subscribe to the HR Hub for ongoing HR support as your business grows

With the right tools, managing employee performance can feel far more manageable, and much less stressful.

Ready to Feel More Confident About HR?

You don’t need to navigate HR alone — and you don’t need to overcomplicate it either.

👉Explore the HR Hub and new toolkits to see what support looks like when it’s practical, calm, and genuinely helpful.
👉
Subscribe for full access, or choose the toolkit that fits your current challenge.

Sometimes, having the right resource at the right time makes all the difference.

For further expert advice on human resources or if you have any questions about anything HR related, get in touch.

Karen Hillen is your HR Partner, she helps businesses by providing HR support and advice services.

For the right HR support and advice, book a My HR Partner HR Advice call with Karen Hillen.

https://myhrp.com.au/hr-advice-calls

Tapping into more than 30 years’ experience in Human Resources, staffing & payroll, Karen loves helping you get the best out of your people while providing you, the business owner, with peace of mind.

Karen Hillen

Tapping into more than 30 years’ experience in Human Resources, staffing & payroll, Karen loves helping you get the best out of your people while providing you, the business owner, with peace of mind.

Back to Blog

We provide HR advice and support.
We have trusted partners to assist with
any employment law issues outside
of our scope.

More info

PO Box 1079

Coolangatta QLD 4225

ABN 30 644 527 015

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Get HR Advice from our HR expert