Discipline and Dismissal

Poor performance is a form of incapacity. It also be described as incompetence, lack of skill knowledge, Incompatibility, bad attitude, Carelessness, in accuracy, incomplete work, poor social schools, and failure to comply with reasonable standards.

The employer must consider:

  • Whether there was any material breach of the required work standard and if so
  • Whether the employee was aware of or could reasonably be expected to have been aware of, the required would standard
  • Whether the required work standard was a fair one, was attainable, and was legitimate, meaning that it fell reasonably with in the parameters of the employee's job description
  • The seriousness of the substandard performance
  • What opportunities are being afforded the employee to meet the required standards
  • Whether there only prospects of future improvement
  • Whether future training would result in required improvement
  • Or perhaps whether they demotion to a lower position might result in fully acceptable performance being delivered, or perhaps even transferred to another branch.

As stated above dismissal for poor performance was only be considered after all the aforementioned counselling procedures have been fully exhausted and full opportunity has been granted to the employee to meet required standards, even to the extent of considering demotion or transfer as an alternative to dismissal. If no suitable alternatives exist, the employer may be faced with the inescapable fact that dismissal is only remedy.

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2020: Case Law Updates: Online Conference

30 October 2020 (08:30 - 16:00)

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01 & 02 October2020 (09:00 - 16:00)

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The OHS Act and the Responsibilities of Management

08 October 2020 (08:30 – 16:00)

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POPIA: Protection of Personal Information Act

21 October 2020 (09:00 - 12:00)

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Employment Equity Committee Training

22 October 2020 (09:00 - 16:00)

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Occupational Injuries and Diseases Legal Update and Claims Management Course

22 October 2020 (08:30 – 16:00)

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Basic Labour Relations

23 October 2020 (09:00 - 16:00)

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