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Employers increase their risk of litigation if they continue to performance manage an employee who has developed an illness or injury, a lawyer warns.

Illnesses and injuries can raise "certain complex issues" for performance improvement processes (PIPs), and deserve an employer's analysis on a case-by-case basis, Clayton Utz partner Amanda Lyras tells an HR Daily Premium webcast.

"For example, if an employee develops an illness or injury which affects their performance, the illness could make the performance action unreasonable and expose the employer to legal claims such as discrimination," she says.

When this happens, she says, employers should first consider whether the employee can meet the inherent requirements of their role, including with reasonable adjustments, and if they have any concerns, it's time to "pause the PIP and re-evaluate"...