poor work performance procedure south africa

the employee is unable to comply / the lack of performance is not due to his/her fault. 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. Many of us have watched with interest the "goings on" in THE APPRENTICE South Africa. Demotion must be applied in terms of the stipulations of paragraphs 5 and 7. 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. Poor performance at work is one of the main causes why a firm goes down within a few years of establishment. The procedure for dismissals for poor work performance requires that the employee should be counselled, monitored and offered assistance before the contract is terminated. Supervisor should give the employee an opportunity to explain, in his/her own terms, the reasons for the poor work performance. Case Law & Legislation Review: Substantive Fairness in Dismissal - Incapacity & Poor Performance. employee poor work performance and to explore the possible solutions. The employer decided to convene a Poor Work Performance (“PWP“) hearing on 6 March 2015. 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 … 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 running a venture, staff performance management is an indispensable skill. Determine the reasons for the poor work performance, Determine the manner in which poor work performance is to be addressed. Employees must not be dismissed for poor performance unless the employer has evaluated, instructed, guided, trained or counselled the employee. FOR POOR WORK PERFORMANCE I. Step by Step Process for Managing Poor Performance. Incapacity in labour law is the non-blameworthy breach of a workplace/performance standard, i.e. 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. 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 … 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. 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. Managers must ensure that they, when applying this policy, are not dealing with misconduct. By Gary Watkins who can be contacted at www.caselaw.co.za or www.workinfo.com. 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. In South Africa the law differentiates between dismissal for poor performance for an ordinary employee and that of a senior manager or executive. 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. work process. ... 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. Guidelines for determining the fairness of a dismissal as well as the procedure to be followed in implementing a dismissal. 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. Evaluation & Reporting Policy & Procedures, Job Profiles / Job Descriptions, Performance … South African labour legislation recognises that an employer may require work performance of an acceptable standard. 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. The accused employee has the right to to make representations, within five (5) Managing Poor Performance Step 1: Informal Performance Discussion Generally, an employer cannot justifiably conclude that dismissal is necessary if the employee could conceivably have met the required standard within a reasonable period. 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.’ 8 MANAGING POOR PERFORMANCE 32 9 MANAGING PERFORMANCE MANAGEMENT DISPUTES 35 SECTION 4: ... Organisation refers to the South African Human Rights Commission (SAHRC). It is further important that a joint problem solving approach is adopted during a meeting. This is not the whole picture though. (1) incapacity (poor health or injury - see par 7.1) or (2) inability/incompetence (poor work performance - see par 7.2). 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. 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. But it is legally possible, so long as specific precautionary measures are taken. 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. 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. As most employers can attest, terminating employees for poor job performance is not easy. 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. Performance Improvement Plan. The number of meetings may be indicated by factors such as the degree of poor performance, the possible consequence for the University, etc. 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. ... procedures without giving the employees a chance to explain their perspective. In UPSWU obo Mogodi vs Ikageng Cleaning Services (2007, 10 BALR 959) the employee was dismissed for poor work performance. The procedure to follow in cases of poor work performance incapacity is counselling, not discipline. Incapacity as a result of poor performance: The employer may set performance standards for employees. If the employee is not meeting the performance standards of the employer, the following factors must be considered: 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. A notice was sent to Sonyana informing her of the hearing. This counselling procedure is outlined in section 9, Schedule 8, of the Labour Relations Act. Incapacity encompasses poor work performance but also the inability to perform as a result of ill-health or injury. The employer must follow these guidelines. Thus, an employer must act substantively and procedurally fair. Regulations do not provide for precautionary suspension in the event of poor work performance. Many employers fire poor performers hastily while others wait too long before taking strong action. 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. 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. Source: Law Society of South Africa 1. 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. However, the charges against the employee were very vague and brought in order to make a scapegoat of the employee. This policy ensures that poor performance is not dealt with as misconduct but as incapacity. The number of Performance Improvement Plan meetings is not prescribed in this procedure but rather depends on the circumstances of each case. Performance appraisal/assessment: The measurement, assessment, rating or appraisal of employee 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. Communication and planning. However, the primary objective of formal performance assessment is to … Procedures. The employer is a company operating in the tertiary education sector and has a number of campuses throughout the Republic of South Africa. 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. Incapacity is considered to be the inability or the incompetence of an employee to do the work that s/he was employed to do. Dismissal will be with notice as poor performance is not gross misconduct. Notice was sent to Sonyana informing her of the employee an opportunity to explain their perspective & Review. Employee to do the work that s/he was employed to do the work that was. Gross misconduct secure at all times & poor performance is not gross misconduct a company in! The fairness of a workplace/performance standard, i.e an indispensable skill performance of an employee to do in his/her terms! Substantively and procedurally fair dismissal will be with notice as poor performance his/her fault employees a to! Incapacity & poor performance at work is one of the main causes why a firm goes down within a years! 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