Retrenchment Assist
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Home Unfair Dismissal Poor Work Performance

Dismissal for poor work performance is guided by the Code of Good Practice: Dismissal Schedule 8 issued in terms of the LRA.

Specific provision is made for employees on probation within the Schedule.The employer has a bigger responsibility toward a probationer with regards to evaluation, instruction, training, guidance and counselling before dismissing for poor work performance.We will be posting a newsletter on probation in the very near future that will discuss the dismissal of probationers and the duty of employers in more detail.

Dismissal for poor work performance must be both procedurally and substantively fair and disputes about the fairness of the dismissal must be referred to the CCMA or relevant Bargaining Council within 30 days of the date of dismissal.

Dismissal for poor work performance will only be fair if it can be proved by the employer that the employee failed to meet a specific performance standard, that the employee was aware of the specific performance standard or could have been reasonably been expected to be aware thereof, if the employee was given the opportunity to meet the laid down standard and dismissal was an appropriate action for not meeting the performance standard.

The employer should always consider ways short of dismissal to remedy the employee’s unsatisfactory performance, i.e. training, counselling, and guidance. An investigation should be conducted to establish the reasons for the employee’s failure to perform and the employee should be provided with the necessary means to enable him to perform on the level required.

Only if the employee has been given reasonable opportunity to better performance and still does not meet the required standard, the employee can be dismissed.Be on the lookout for future newsletters and articles that will deal with dismissal for poor performance.

You could be entitled to up to 12 months compensation or reinstatement should the CCMA or relevant bargaining council find that you dismissal for poor work performance was unfair. Contact us today for friendly assistance.

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