It sometimes seems a good idea to pass the buck up the tree but management or HR are just as likely to dump it back on you and question why you can't manage the guy properly and if you are up to the job.
Involving Management or HR in anything is always risky because they can invert the situation so easily.
Look into the history on this.
Who had responsibility before you? What issues did they have and how did they try to resolve them? Why did they leave/transfer/get fired etc.?
Let's assume that you have already been round this with the guy a couple of times. You've tried being nice. You've tried not ordering him and he chose to regard requests as implying optional compliance. You tried simply telling him. He is being a jerk whatever you do.
Have an "unofficial" word with HR. Tell your boss you had this meet with HR.
This is a heads up but doesn't require them to do anything but it does show you are prepared to act, that you are having problems but you are ready to handle it yourself.
Ask about the guy's contract terms and job description etc.
Ask HR if you have the authority to simply fire the guy or if you have to jump through hoops first.
You don't have to explain because if they all see you investigating ways to fire this bloke they will ask you what it's about. That way you are not "whining to management" you are simply making sure you know and follow procedure.
Just explain also that what you intend to do is first try putting the fear of god into the guy.
This ought to put both HR and management behind you.
Now call the guy in for a chat.
Tell him that you are unhappy with his work and attitude.
Tell him what you expect and where and why and how he is not delivering.
Ask him if there is any reason why he is not delivering? Get clear answers and keep after him till he either answers or concedes.
Then tell him you expect an immediate improvement.
Tell him this was an informal chat just to make sure there are no misunderstandings.
Then tell him that if he doesn't improve you will have to take official notice. Tell him what the next step will be.... either an official warning with HR etc or he will simply be fired, whatever HR said you could do. Tell him you are who he reports to and that you have the power to kick him out any time (to kick him out, not "have the power to have him kicked out").
Now give him the opportunity to say something.
Make sure you ask him at least twice if he is going to meet your standards and that he answers you both times. This makes sure there are no mistakes. It lets him know you aren't fooling.
Now show him a copy of his job description and let him know that HR gave you this copy.
Date it and then get him to sign the copy saying that he has discussed this with you and accepts this is what he is required to do. This doesn't actually mean a damn thing because he is already bound by it but it puts him in the position if actually agreeing to do his work and it makes him think that HR are behind you.
Tell him you will be watching him very closely.
Now each time you set out his weeks/days tasks for him, give him a written copy of scheduled work. Get him to read it and raise any problems. Them make him initial it. Get formal with him. He can have no excuses. No "You didn't tell me to do that".
Tell him you don't want to have to do it this way but you have no choice.
Tell him you also expect him to be pro-active. Tell him you don't want to be managing him all day long, that he knows what his responsibilities are and should be pro-active in doing them.
Now do what you said.
You can update your boss and HR unofficially on what you've done and what was agreed.
Now, its up to him.
You have set out your stall.
HR and management know there is an issue and know you are handling it by yourself and don't need hand holding.
They ought now to be ready to back you up because they are alerted.
JMW