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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28 November 2019

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AARTO and the Impact on Your Business

31 October 2019 (Fully Booked)

Emperors Palace: Convention Centre

01 November 2019

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01 November 2019

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07 November 2019 (Fully Booked)

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08 November 2019

Tsogo Sun: Century City: Cape Town

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2019: Case Law Updates

15 November 2019

Emperors Palace: Convention Centre

The OHS Act and the Responsibilities of Management

22 November 2019

Emperors Palace: Convention Centre

29 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

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27 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

  

  

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