••••
T RADE N E W S
Fair procedures to follow
before you can dismiss an employee
IN TODAY’S COMPETITIVE
ENVIRONMENT IT IS TOO
EXPENSIVE TO HAVE
EMPLOYEES WHOSE
PERFORMANCE ISN’T UP
TO STANDARD. POOR
WORK PERFORMANCE
CAN BE VERY COSTLY TO
YOUR BUSINESS, NOT
JUST BECAUSE OF THE
MISTAKES MADE, BUT
BECAUSE DEALING WITH
THEM TAKES UP A LOT
OF YOUR VALUABLE
MANAGEMENT TIME.
M
anagers must understand
that poor performance
that is not addressed quickly is
in reality seen by the
employee as being
condoned by
the manager. The general rule
is that people respect what you
‘inspect’, not what you expect!
Consequently, they pay attention
to what you pay attention to. So,
if the behaviour you’re getting
is not what you expect, act on it
now. The duty to perform means
that employees have an obligation
to perform diligently and to the
best of their ability in respect of
the work the employer has dele
gated to them.
In terms of the South African
Labour Relations Act, Poor Work
Performance falls under the broad
heading of Incapacity. Poor work
performance or failure by the
employee to reach and maintain
the employer’s work performance
standards in terms of quantity
and quality of output is an ever
increasing problem.
It is implicit in all employ
ment contracts that the employee
undertakes to perform according
to the reasonable, lawful and
attainable work performance
standards set by the employer.
Should the employee fail in this
duty, then he is said to be “inca
pable” and the employer has the
right to dismiss after following a
fair procedure and ensuring that
the dismissal is for a fair reason.
It is, however, important to keep
in mind that in modern employ
ment law, disciplinary sanctions
are regarded as corrective rather
than punitive.
A FAIR PROCEDURE ENCOMPASSES:
Establishing that the problem
is poor performance and not
misconduct
52
OKT/NOV 2017 • SENWES Scenario
Identifying the causes of the
poor performance
Meeting with the employee
and his line manager to esta
blish the causes of the poor
performance
In particular, obtain the
employee’s reasons for the poor
performance
Evaluate the employee’s reasons
for the poor performance
Obtain commitment from the
employee regarding the action
he will take to rectify the prob
lem
Inform the employee of the
action the employer will take
to assist in that process
Agree on a reasonable time
period for improvement
Follow up and monitor the
progress.
If there’s one thing you should
remember about how to manage
poor performing employees, it's
that it should not be the big deal
that we so often make of it. If you
address inappropriate behaviour
when it first appears, you will
start viewing it not as a burden,
but as an opportunity to coach,
develop and grow.
REFERENCES
• http://labourlawhandbook.co.za
• http://labourguide.co.za
• http://www.fortunegroup.com.
au
• The philosophy of discipline in
the workplace – Dr. C. Maritz
& Bernard Myburgh