work process. Dismissal will be with notice as poor performance is not gross misconduct. Incapacity as a result of poor performance: The employer may set performance standards for employees. (1) incapacity (poor health or injury - see par 7.1) or (2) inability/incompetence (poor work performance - see par 7.2). But it is legally possible, so long as specific precautionary measures are taken. As most employers can attest, terminating employees for poor job performance is not easy. Incapacity is considered to be the inability or the incompetence of an employee to do the work that s/he was employed to do. Step by Step Process for Managing Poor Performance. Guidelines for determining the fairness of a dismissal as well as the procedure to be followed in implementing a dismissal. 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 … At the hearing, her supervisor and the financial accountant testified on behalf of the employer and concluded that Sonyaya lacked the understanding and ability to carry out her assigned KPA’s despite all the assistance offered to her by … However, the primary objective of formal performance assessment is to … 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. FOR POOR WORK PERFORMANCE I. Managers must ensure that they, when applying this policy, are not dealing with misconduct. Performance appraisal/assessment: The measurement, assessment, rating or appraisal of employee performance. Many employers fire poor performers hastily while others wait too long before taking strong action. 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. 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. In my opinion, the chairperson should have the potency to understand the reasons for poor productivity as well as the ability to reframe the necessary tactics to deal with the poor performance at work. 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. 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. Performance Improvement Plan. In running a venture, staff performance management is an indispensable skill. 8 MANAGING POOR PERFORMANCE 32 9 MANAGING PERFORMANCE MANAGEMENT DISPUTES 35 SECTION 4: ... Organisation refers to the South African Human Rights Commission (SAHRC). 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. 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. 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. Employees must not be dismissed for poor performance unless the employer has evaluated, instructed, guided, trained or counselled the employee. 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. Managing Poor Performance Step 1: Informal Performance Discussion Incapacity encompasses poor work performance but also the inability to perform as a result of ill-health or injury. Procedures. Incapacity in labour law is the non-blameworthy breach of a workplace/performance standard, i.e. Generally, an employer cannot justifiably conclude that dismissal is necessary if the employee could conceivably have met the required standard within a reasonable period. 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. 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. 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. The accused employee has the right to to make representations, within five (5) 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. In South Africa the law differentiates between dismissal for poor performance for an ordinary employee and that of a senior manager or executive. Determine the reasons for the poor work performance, Determine the manner in which poor work performance is to be addressed. ... procedures without giving the employees a chance to explain their perspective. Demotion must be applied in terms of the stipulations of paragraphs 5 and 7. employee poor work performance and to explore the possible solutions. This is not the whole picture though. The employer is a company operating in the tertiary education sector and has a number of campuses throughout the Republic of 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. the employee is unable to comply / the lack of performance is not due to his/her fault. Poor performance at work is one of the main causes why a firm goes down within a few years of establishment. 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. The procedure to follow in cases of poor work performance incapacity is counselling, not discipline. This policy ensures that poor performance is not dealt with as misconduct but as incapacity. The employer must follow these guidelines. ... are crime fighters and always on the frontline to ensure that South Africa is safe and secure at all times. If, after an appropriate amount of time, he’s still performing poorly, the dismissal procedure may be instituted against the employee. South African labour legislation recognises that an employer may require work performance of an acceptable standard. Evidence of the employee’s poor performance (such as examples of inadequate work, or complaints by customers or colleagues) should be retained and shared with the employee at each stage of the process. 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. The employer decided to convene a Poor Work Performance (“PWP“) hearing on 6 March 2015. If the employee is not meeting the performance standards of the employer, the following factors must be considered: In UPSWU obo Mogodi vs Ikageng Cleaning Services (2007, 10 BALR 959) the employee was dismissed for poor work performance. Supervisor should give the employee an opportunity to explain, in his/her own terms, the reasons for the poor work performance. The procedure for dismissals for poor work performance requires that the employee should be counselled, monitored and offered assistance before the contract is terminated. Many of us have watched with interest the "goings on" in THE APPRENTICE 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. Source: Law Society of South Africa 1. a) The first of these is that the employer is given a good deal more latitude by the Code in assessing whether the employee has failed to meet the required performance standard during probation (the substantive element of a dismissal for poor work performance), than thereafter, when the arbitrator must decide whether dismissal was an appropriate sanction. A notice was sent to Sonyana informing her of the hearing. It is further important that a joint problem solving approach is adopted during a meeting. Evaluation & Reporting Policy & Procedures, Job Profiles / Job Descriptions, Performance … Thus, an employer must act substantively and procedurally fair. Regulations do not provide for precautionary suspension in the event of poor work performance. 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. 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.’ The number of Performance Improvement Plan meetings is not prescribed in this procedure but rather depends on the circumstances of each case. Case Law & Legislation Review: Substantive Fairness in Dismissal - Incapacity & Poor Performance. 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 […] This counselling procedure is outlined in section 9, Schedule 8, of the Labour Relations Act. 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