Unlawful Discrimination?

I have been set unreasonable KPIs, what do I do?

I have been set unreasonable KPIs, what do I do?

Key Performance Indicators (KPIs) are a common feature of modern business and organisations use KPIs to measure performance and ensure that employees are meeting operational and strategic goals. However, they are often abused by disreputable managers to emotionally dismiss an employee. The phrase ‘moving the goal posts’ is often used to describe setting challenging KPIs, while it is reasonable for an employer to set tough targets to grow the business, it should not be set in a way as to ensure an employee would never meet their targets.

Under section 341 (1) (c) of the Fair Work Act (FWA) 2009 (Cth) you have the right to make a complaint or inquiry in relation to your employment. Therefore, if you believe that you have been set unreasonable KPIs, you have the right to inquire and request for a revaluation of the set targets.

It is often said that good KPIs need to be SMART, in that they should be Specific, Measurable, Attainable, Relevant and Time-bound.  Therefore, you should assess your current KPIs against the KPIs for the previous periods and your colleagues in similar roles, and show that your KPIs have been stretched too far.  Furthermore, you can request regular reviews in order to gain feedback on your performance and direction as to how to achieve the unreasonable targets.

If you feel that you are being bullied or unfairly discriminated against by being subject to unreasonable KPIs, you may wish to consult one of our employment lawyers to obtain advice as to your legal rights.

In the event you are dismissed for poor performance based on the ratings from the unreasonable KPIs and your employer fails to provide a thorough and sensible explanation of the reasoning for the dismissal, pursuant to section 385 of the FWA you may have grounds to make an unfair dismissal claim with the Fair Work Commission.

Alan McDonald

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