Use Black Friday to kickstart a new career, Everything you need to know about SA’s unemployment rate, EMPLOYERS ARE NOT PROTECTED BY THE CORPORATE VEIL. Is the employee unable to perform his or her work? The employee sought to review the decision before Labour Court (“LC”). The reason for this is that all employees have a duty of care. An investigation may include monitoring, reviewing appraisals and/or reviewing stats with other seniors. This it did not do. Furthermore, the employer must provide the employee with the training, guidance, support and counselling that could be reasonably expected of them. The employee then referred an unfair dismissal dispute to the CCMA. The Employment Rights Act 1996 specifies five potentially fair reasons for dismissal. How to counsel an employee for poor performance. It follows that an employee cannot be held blameworthy for poor performance owing to their inability to meet performance requirements. IMPLEMENTING operating efficiencies in the workplace inevitably results in cost-cutting measures that include keeping staffing levels as low as possible. It was common cause that there were some performance problems but instead of conceding these and making efforts to improve and align her work performance to the company’s expectations the employee was suspicious and accused the employer of bad faith. LRA Section 189A (13) applications: is the court guardian or nanny? I said that good planning and effective communication are important. Communication and planning. The employee was employed as a casual employee in a small business for some 5 years. DEALING WITH POOR WORK PERFORMANCE 4. WHO SHOULD BE INVOLVED ? If they were suspended, then confirm they should return to work. Author(s): Innes Clark. Knowing the difference between poor performance and misconduct will ensure that employers deal with them correctly and avoid legal comebacks. In cases involving poor work performance, the extent of attempts made by the employer to assist the employee is critical to evaluating whether dismissal is the appropriate solution. The employee did not reach his targets. What is acceptable performance? Despite the settled rule that workers cannot be fired based solely on their age, age discrimination can be difficult to prove because other factors, such as poor job performance, are often present. In Palace Engineering (Pty) Ltd v Ngcobo and Others 6 BLLR 557 (LAC), the Labour Appeal Court (LAC) considered the fairness of a dismissal of a senior manager for poor work performance. Performance, in law, act of doing that which is required by a contract.The effect of successful performance is to discharge the person bound to do the act from any future contractual liability. A Case of Missed Sales Targets Go Back Author: Webbers Attorneys Date: ... “Any person determining whether a dismissal for poor work performance is unfair should consider - Whether or not the employee failed to meet a performance standard; and ... Our employment laws and labour courts come down heavily on any unfair discrimination in the workplace, but it’s not … Sometimes an employee will be unaware they are underperforming and won’t change unless they are told otherwise. Poor work performance is often a symptom of a larger problem; it is not a core problem in itself. … Your job as a manager is to attempt to understand the root cause of poor performance. Pursuant to section 98 (2) (a) of the Employment Rights Act 1996, capability (by way of poor performance) is potentially a fair reason for dismissal. This is not the whole picture though. It can be difficult dealing with an employee who is underperforming. Performance: A Case Study of an Oil and Gas Vendor Company in Malaysia Thiruchelvan Sinnappan A research project submitted in partial fulfilment of the requirement for the degree of Master of Business Administration Universiti Tunku Abdul Rahman Faculty of Accountancy and Management August 2017. It distinguishes between employees who can reasonably be expected to bring their performance up to standard (cases of poor performance) and employees who are not able to do so, due to ill health or injury.