However, the charges against the employee were very vague and brought in order to make a scapegoat of the employee. Employees must not be dismissed for poor performance unless the employer has evaluated, instructed, guided, trained or counselled the employee. If the employee is not meeting the performance standards of the employer, the following factors must be considered: In running a venture, staff performance management is an indispensable skill. This counselling procedure is outlined in section 9, Schedule 8, of the Labour Relations Act. Workplaces differ in size and nature, and these aspects may determine the appropriate steps to be taken in cases of poor work performance; therefore, the principles outlined here should merely be used as a guideline. Introduction When the case JDG Trading (Pty) Ltd t/a Price ‘n Price v Brunsdon1 was heard in the Labour Appeal Court almost at the end of his dissenting judgement Conradie JA said that „An experienced executive who needs to be counselled on fundamental skills of the job is probably not fit to be an executive. This is not the whole picture though. FOR POOR WORK PERFORMANCE I. Procedures. The employer decided to convene a Poor Work Performance (“PWP“) hearing on 6 March 2015. Poor performance at work is one of the main causes why a firm goes down within a few years of establishment. The employer is a company operating in the tertiary education sector and has a number of campuses throughout the Republic of South Africa. The number of meetings may be indicated by factors such as the degree of poor performance, the possible consequence for the University, etc. In South Africa, the situation is exacerbated by labour laws which require a stringent adherence to procedures and protocol, failure of which could result in a date with the CCMA. The accused employee has the right to to make representations, within five (5) Thus, an employer must act substantively and procedurally fair. However, the primary objective of formal performance assessment is to … Many of us have watched with interest the "goings on" in THE APPRENTICE South Africa. It comes as no surprise then that poor performers are often allowed to continue unpunished, while bringing everything down with them including your profits, your customers and everyone else in the company. It is further important that a joint problem solving approach is adopted during a meeting. A notice was sent to Sonyana informing her of the hearing. the employee is unable to comply / the lack of performance is not due to his/her fault. Regulations do not provide for precautionary suspension in the event of poor work performance. The employee’s employment contract contained a clause that stipulated that performance goals determined by the employer must be periodically evaluated and that continued non-attainment of performance goals may result in the termination of employment. 8 MANAGING POOR PERFORMANCE 32 9 MANAGING PERFORMANCE MANAGEMENT DISPUTES 35 SECTION 4: ... Organisation refers to the South African Human Rights Commission (SAHRC). Progressively firmer steps by means of recorded counselling sessions, outlining the consequences of continued lack of improvement, such as a formal poor work performance investigation. This policy ensures that poor performance is not dealt with as misconduct but as incapacity. In the case of poor work performance, fair procedure in practice means consulting with the employee and clearly communicating the areas in which improvement is required and by when such improvement must be evident. In UPSWU obo Mogodi vs Ikageng Cleaning Services (2007, 10 BALR 959) the employee was dismissed for poor work performance. The main aim of this policy is to assist managers, Human Resources and employees in the prevention of and the effective management of poor performance. Generally, an employer cannot justifiably conclude that dismissal is necessary if the employee could conceivably have met the required standard within a reasonable period. If, after an appropriate amount of time, he’s still performing poorly, the dismissal procedure may be instituted against the employee. work process. The procedure for dismissals for poor work performance requires that the employee should be counselled, monitored and offered assistance before the contract is terminated. Source: Law Society of South Africa 1. In sch 8 of the Labour Relations Act 66 of 1995 (LRA) Code of good practice: Dismissal, in item 9, the guidelines are provided to deal with ‘cases of dismissal for poor work performance.’ Professor B. Jordaan “Poor Work Performance (Incapacity) v Misconduct” Maserumule Consulting, September 2009 Professor B. Jordaan “Poor Work Performance (Incapacity) v Misconduct” Maserumule Consulting, September 2009 Gold Fields Mining South Africa (Pty) Ltd (Kloof Gold Mine) v CCMA & Others 2014 1 BLLR 20 (LAC) para 30. Evaluation & Reporting Policy & Procedures, Job Profiles / Job Descriptions, Performance … ... are crime fighters and always on the frontline to ensure that South Africa is safe and secure at all times. The number of Performance Improvement Plan meetings is not prescribed in this procedure but rather depends on the circumstances of each case. Demotion must be applied in terms of the stipulations of paragraphs 5 and 7. (1) incapacity (poor health or injury - see par 7.1) or (2) inability/incompetence (poor work performance - see par 7.2). One reason for unnecessary delays in firing bad performers is the employer fears being taken to the CCMA and forced to reinstate the employee and/or to pay compensation. Dismissal will be with notice as poor performance is not gross misconduct. Incapacity because of ill-health differs from poor work performance because there can be no fault attributed to the employee for incapacity due to ill-health or injury. ISSUES: substantive fairness in dismissal - incapacity and poor performance – negligence in performance is only gross if it borders on reckless - summary dismissal only justified where "gravely serious … employee poor work performance and to explore the possible solutions. Incapacity encompasses poor work performance but also the inability to perform as a result of ill-health or injury. Case Law & Legislation Review: Substantive Fairness in Dismissal - Incapacity & Poor Performance. 2 Procedures to be followed by employers ... South Africa and England ... (the Code) for fair dismissals for poor work performance and ill health or injury. The existence or otherwise of capability and fault / blameworthiness for the lack of performance on the part of the employee determines whether one is dealing with misconduct or incapacity. Performance agreement: A document agreed upon and signed by an employee and her or his supervisor, which includes a description of the job, selected KRAs and GAFs, a workplan and the employee’s personal development plan. Supervisor should give the employee an opportunity to explain, in his/her own terms, the reasons for the poor work performance. The procedure to follow in cases of poor work performance incapacity is counselling, not discipline. INTRODUCTION Where an employee is not performing, or is not able to perform, his/her work according to appropriate or expected work standards the possibility of the employee being dismissed […] In South Africa the law differentiates between dismissal for poor performance for an ordinary employee and that of a senior manager or executive. Managers must ensure that they, when applying this policy, are not dealing with misconduct. Managing Poor Performance Step 1: Informal Performance Discussion Performance Improvement Plan. By Gary Watkins who can be contacted at www.caselaw.co.za or www.workinfo.com. If you find yourself and the business trying to manage your way through this situation, then the following course of action for managing poor performance is the only HR advice worth following. Performance appraisal/assessment: The measurement, assessment, rating or appraisal of employee performance. 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