Employees are contractually bound to perform in the position they are appointed in. If an Employee fails in his/her duty he/she is seen as incapable to perform. The Employer need to take action against poor performance. Several factors and a fair procedure needs to be followed prior to dismissal of an Employee. Below are certain factors to consider and an explanation of the procedure to be followed.
The Employer needs to establish if the Employee lacks training, qualification or experience. If an Employee does not need further training, external factors needs to be considered.
An Employee that was a good performer and all of a sudden becomes a bad performer might struggle with issues such as substance abuse, work related stress, social factors; Ill health or incompatibility. All of these factors might impact on an Employee’s performance.
Example of a procedure that needs to be followed:
What does the law say?
Schedule 8 section 9 of Labour Relations Act 66 of 1995state the following in terms of poor performance:
Any person determining whether a dismissal for poor work performance is unfair should consider–
In a Nutshell: If the Employee do not correct his/her behaviour there is a real possibility that the Employer can subject him/her to an incapacity- poor work performance hearing that can lead to dismissal.
Remember MISA is just a phone call away.