Demotion must be applied in terms of the stipulations of paragraphs 5 and 7. 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. 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 … As most employers can attest, terminating employees for poor job performance is not easy. 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. 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. In South Africa the law differentiates between dismissal for poor performance for an ordinary employee and that of a senior manager or executive. 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 Improvement Plan. 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. Determine the reasons for the poor work performance, Determine the manner in which poor work performance is to be addressed. Procedures for private & additional work ... Incapacity (poor performance) Procedure for addressing under- and unsatisfactory performance at faculty level; ... For information on South Africa's response to COVID-19 please visit the COVID-19 Corona Virus South African Resource Portal. Incapacity in labour law is the non-blameworthy breach of a workplace/performance standard, i.e. Dismissal will be with notice as poor performance is not gross misconduct. 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 […] South African labour legislation recognises that an employer may require work performance of an acceptable standard. ... are crime fighters and always on the frontline to ensure that South Africa is safe and secure at all times. This counselling procedure is outlined in section 9, Schedule 8, of the Labour Relations Act. The procedure for dismissals for poor work performance requires that the employee should be counselled, monitored and offered assistance before the contract is terminated. 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. Title Poor Work Performance CCMA Description Information sheet by the CCMA on Poor Work Performance - South African labour laws recognise that an employer may require work performance of an acceptable standard, and that employees should be protected against unfair treatment. 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. Performance appraisal/assessment: The measurement, assessment, rating or appraisal of employee performance. The number of Performance Improvement Plan meetings is not prescribed in this procedure but rather depends on the circumstances of each case. 8 MANAGING POOR PERFORMANCE 32 9 MANAGING PERFORMANCE MANAGEMENT DISPUTES 35 SECTION 4: ... Organisation refers to the South African Human Rights Commission (SAHRC). A notice was sent to Sonyana informing her of the hearing. Thus, an employer must act substantively and procedurally fair. Regulations do not provide for precautionary suspension in the event of poor work performance. As her conduct relates to poor work performance, the Respondents are to follow the procedure for dealing with sub-standard performance, as provided for in Chapter 3 of the Regulations and they should not follow a disciplinary process. 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