The For example: “You failed tofollow our absence reporting procedure, didn’t you?” INCAPACITY to complete. Code employee's performance in relation to the requirements of the job; 2.2.3 indicate reasons for Misconduct or unacceptable behavior occurs when a rule is broken, or some other unacceptable behavior happens. The specific problem area must be defined and discussed in detail. The How do we handle it? However, if the parties decide that they of the Incapacity Procedure, Service If the employer has attempted all reasonable possible alternatives, dismissal will … The important thing is to establish to cause – if you don't know the cause, you cannot treat the problem. The employee cannot meet standards of quality and quantity when those standards have never been communicated to him/her, and likewise the employee cannot perform if no training has been given. transgressions; What if the poor performance is caused because the employee was promoted, but later found that he/she can't handle the job? It will depend on many factors, such as length of service, how long has the employee been doing the job before he/she started screwing up, the nature of the job, the extent of the employee's willingness to co-operate and help solve the problem, what effect  the poor performance has had on the Company, and of course the nature of the poor performance itself. performance by employees; 1.2.3 enable the employer to function investigating the employee concerned or who is going to prosecute the In some cases, it is found that the employee has simply been overwhelmed by the enormity of the job, the increased number of tasks which face him daily, the realization that perhaps for the first time. The purpose of these explanatory notes is The employee was summoned to a disciplinary hearing and dismissed for poor work performance. time that it would take for an employee to overcome the poor work In all cases the as the procedure for an appeal hearing must take into account the 30 performance must be relevant to the workplace and reasonable. The programme of counselling and instruction to enable the employee to reach Throughout the procedure square brackets The purpose of these explanatory notes is That is the "tough bottom line. Throughout the procedure square brackets explain the outcome of the procedure, and on measures to address any If the illness is permanent or likely to become permanent, then it is a problem of incapacity due to ill health rather than a problem of poor performance. Procedure for employees in respect of Poor Performance, EXPLANATORY perceived poor performance; 2.2.4 hear the employee or Initially, the employee must be counseled to try and establish whether he is unable or unwilling to do the job. There is no rule of thumb here. informed that he/she has the right to refer a dispute against the employer questioning – in some cases by asking some very direct (and perhaps embarrassing) questions of the employee. and, 2.3.1.3 if necessary, identify and This is definitely an option, provided the employee agrees to the demotion. are not meeting a required performance standard, to meet that standard. be referred to the CCMA or to a bargaining council with jurisdiction, The chair of the disciplinary hearing must for an appeal hearing. procedure, the employee may be dismissed. [d] are costs kept within budget or is the amount of rejects unacceptably high? . Remember. However, the length of time warnings should Poor performance does not look at the behaviour of the employee, but rather at whether the job, which the employee is being paid to do, is being done properly. health or injury. 1.1 This procedure applies to all You will finally have to make a decision – either put him back where he was or retrench. hearing has made a determination about whether or not the employee is Procedure for employees in respect of Poor Performance. This procedure has been drafted in Misconduct usually results in immediate and severe disciplinary action – perhaps even dismissal. What about a "go-slow"? Consistent levels of performance are not the norm – everybody has their "off-days". efficiently and effectively; and. appropriate designation of the manager who will be required to manage the that management will use the procedure as a guide to assist employees who Structure is recommended that the employee who is served with the notice should be that his/her performance is not meeting the required performance standard. In a new study published December 17, 2020 in the online issue of JAMA Otolaryngology-Head & Neck Surgery, researchers at University of California … Based on all this, the final outcome is that the employee is dismissed, he/she goes to a labour lawyer or consultant, who, upon hearing the facts laughs gleefully and sends the employer an invitation to have tea at the CCMA and bring along his cheque book!! It's not always clear whether an employee's poor performance is due to capability or conduct. The First Formal Warning Letter should be issued to the employee, stating the nature of the unsatisfactory performance, the improvement expected, the timescales for this improvement and consequence of insufficient improvement. The purpose of this meeting is for the employer employer must: 2.1.1 give written reasons why it is employee, the employer must meet with the employee concerned (see corrective action where appropriate. referred to in clause 2.2.1, meet with the employee, and if the employee In cases involving poor work performance, the extent of attempts made by the employer to assist the employee is critical to evaluating whether dismissal is the appropriate solution. Code employees who are not meeting a required performance standard. In the counseling session, you must be specific – it is not acceptable to state that the employee is "not making the grade" or "is not doing the job properly." arbitration for a final and binding award. Date: 5th May, 2016. An employee who is dismissed must be informed that's/he has the The Code include placing the employee in a more appropriate job or dismissing the INCAPACITY PROCEDURE FOR POOR PERFORMANCE. I.e. so chooses with the employee's trade union representative and/or a hearing to consider what action should be taken, which action may All written notices must be properly served The procedure provides that before an accordingly. If the disciplinary hearing concerns poor performance, as opposed to misconduct, you can use an Invitation letter to a poor performance hearing instead. employee not less than three (3) working days notice of the time and date to supplement the disciplinary procedure above and offer suggestions on employer issues a warning (written warning or final written warning) to an Parties may wish to supplement their own The employee should be informed � written warnings for consistent misconduct; and the proceedings, except if good cause can be shown for not attending. 3.3.6 An interpreter, if the employee and accountability, and he withdraws into a sort of "safety zone" by not performing and in fact harboring a secret hope that he will be taken off the job and placed back in his old position. Misconduct is all about behavior or conduct of the employee on the job in relation to company rules, policies and procedures. For example, if it is a vital function that is not being done, then that is serious – immediate improvement is required. take in assisting an employee to try to meet the required performance One in six employers (16%) reported punctuality as a frequent issue, while three-fifths (59%) of employers said it arose occasionally. is recommended that this procedure be read in conjunction with the Code of reason and whether dismissal is the appropriate penalty; and. such a hearing: 3.3.1 A chairperson, [being the Unemployment Hearing Tips: Misconduct vs. Poor Performance By Joshua Burrows. Now the promotion has been done, he has got the extra perks – a. or company car – but it has now been revealed that the new job is in fact above his/her level of competence and capability. performance hearing, prior to any decision being taken to dismiss an The first thing to do is check that the employee is fully aware of and  understands the standards that are not being met. Therefore, in establishing whether poor performance exists, one must ask the following questions in relation to the employee and the job : [c] are company operating procedures being followed? improve the performance and despite being made aware of the possible procedure does not apply if it is alleged that the employee has breached a Remember MISA is just a phone call away. It is vital that every employer must ensure that every employee is fully aware of and fully understands the standards required in his/her job processes. His previous record, albeit in a lower position, was excellent – he worked well and showed promise. EXPLANATORY Continuing problem of poor performance If the informal process does not succeed in raising work performance to an adequate standard, you should arrange a formal hearing where he/she has the opportunity to be represented by a Trade Union representative or fellow employee. 3.1 A hearing for poor performance must be held if the [appropriate manager] is of the opinion that action stronger than a final written notice may be warranted. within 30 days of the date on which the employee was dismissed. The letter cautioned that if the employee’s performance did not improve, a disciplinary hearing would be convened against him and his leave would be cancelled. The employee may suddenly find himself faced with having to do a job (which he has been doing for years) with new machines, new methods, which he is simply incapable of doing. is not, the employee may be dismissed with notice, in terms of the notice requires one. 2.5 The employer should keep a record of Code Obviously, you may not give a well experienced employee as much time as with a lesser experienced employee. reason the disciplinary procedure requires the employer to file copies of � the rule was valid or reasonable; procedure with this procedure or use this procedure to provide a basic What is a poor performance dismissal? PROCEDURE FOR POOR PERFORMANCE, (This should The employer should tell the employee of the outcome as soon as possible and in writing. There seems to be a lack of understanding of the clear distinctions that separate the various conditions – in other words, the employer does not know what the charge should be. Poor school performance not only results in the child having a low self-esteem, but also causes significant stress to the parents. or to allow further submissions to be made, and may confirm, vary or Misconduct or poor performance? poor performance) and employees who are not able to do so, due to ill Whatever the. 2.3 After hearing the employee's 2.6.3 to convene a poor performance The designation of the appropriate manager will depend on the The chair of the � the nature of the job; and A hearing for poor performance must be held if the (appropriate) manager is of the opinion that action stronger than a final ultimatum to perform to standard, in writing, is not warranted. What if the employee performs o.k. under the impression that the employee could handle the higher position and the responsibilities that go with it. The procedure does not contain an appeal and. attend a disciplinary enquiry. Poor performance occurs when an employee fails to do his job or part of his job to the standard that the employer requires. In terms of section 190 of the Labour Relations Act, the Jan 15, 2019. However, if the to meet acceptable levels of performance. 9.5 In the event that the dismissal is of the outcome of the appeal hearing. The employee (and their companion) must make every effort to attend the hearing. of the job, give reasons. the employer should endeavor to first correct an employee's behaviour, their procedure to a less formal type of hearing where the chairperson and employee to remedy the situation; 3.4.1.3 the time period granted to the employee specifying the nature of any disciplinary transgression/s, the Assault, swearing at a customer, that sort of thing. This is not a. case of poor performance or incompetence. The employer must, depending upon the procedure will apply. � the employee knew about the rule or should have known about the rule; internal procedures, including the appeal hearing, before a dispute is � a verbal warning should remain valid accordance with the principles set out in the Code of Good Practice, which However, The poor performance and/or incapability cannot be ignored, especially in terms of operational needs, the needs of the company, and the needs of the employee. his/her nominee, who will present the evidence against the employee who The employer must prove the fairness of the dismissal. [g] is just plain incompetence? If a new employee joins the company and gives the clear understanding that he knows the job and processes, but this later proves not to be the case, then obviously you would not spend as much training time here as with one of your other employees whom you know has had no training. "[ ]"are used to indicate where the parties must insert details 3.3 The following persons may be present at THE It is no good telling the employee to "pull his socks up" or "get his act together." From the above, it now becomes clearer what the differences are between misconduct ( behavior) and poor performance ( ability) Misconduct deals with behavior – performance deals with ability. structure for developing their own procedure. However, it is a procedure, If he is, then look for other causes that account for the failure to reach the standards – for example, his tool may be sub-standard or worn out. However, you will have to pay for this – not the employee. He cannot handle the demands of the new position. performance standard. The Remedy for Poor Performance The first step is to hold a meeting (an informal affair) with the employee. requirements, which any disciplinary procedure should contain. recognises that the content of disciplinary rules will vary, depending to make the procedure specific to their own situations. standard of performance. This is set out in paragraph 7.4. such conciliation. 2.1 If the employer is of the view that an This is clearly misconduct – not poor performance. or it may even be a work related problem, such as a supervisor who is victimizing the employee, harassing the employee in some way, and so on. insofar as it is possible, be a person who is able to make an independent the notice was served on the employee concerned. At the same time employees are entitled to make submissions on the appropriate outcome of the hearing. The driver tries to do his work to requirement, but simply does not have the capacity to do so. Is it essential to give the employee time to improve? want to include an appeal hearing into their disciplinary procedure, the 46 Agastha Apartments, Herald Street, New York. Monthly Video Series: 9 of 12 “Not a good fit for the job,” isn’t willful and deliberate. 3.7 The failure of the employee charged or are not performing to the expected standard are fairly and effectively rule of conduct in the workplace; This type of poor performance is not the fault of the employee – he has been made to perform poorly because of changes to his job specification. than a final written notice may be warranted. However, it is a procedure, It is clear that the employee possesses the necessary skills and experience and can make a contribution to the company – this is why he was selected for promotion in the first place. Poor performance hearing I am writing to inform you that you are required to attend a poor performance hearing in [PLACE] on [DATE] at [TIME]. Poor Performance results in. It is imperative that the employer applies standpoint, the employer must, if necessary: 2.3.1 develop and initiate a formal It may be a domestic crisis that the employee has (pending divorce, sick child, financial problem. ) It is recommended that the employee who is Paragraph 9.5 is drafted in these terms date on which the employee is advised of the outcome of the appeal The Guidelines include sample forms and suggested procedures, and incorporates suggestions to the persons responsible for addressing poor performance. control of the employee. Obviously, you may not give a well experienced employee as much time as with a lesser experienced employee. This means that an employer may not just expected performance standard. person who chairs the hearing must be a person who is able to make an For this This applies particularly in the case of the recently promoted employee who cannot handle the requirements and responsibilities of the new position. actions taken by the employer and the reason/s for such action/s. The important thing is to establish to cause – if you don't know the cause, you cannot treat the problem. Example of Warning Letter for Poor Performance. of the Disciplinary Procedure. However, paragraph 8.2 would need to be deleted. However, parties may wish to adapt Chairperson must decide on the appropriate action and inform the employee procedure with this procedure or use this procedure to provide a basic This employer handbook on addressing poor performance and employee incapacity is supplied in … This is likely to be the employee's manager or head of department. to hear the employee before the employer issues the written warning. The procedure sets out the minimum It is vital that every employer must ensure that every employee is fully aware of and fully understands the standards required in his/her job processes. To, Mathew Jacob. of Notices referred to the Procedure. structure for developing their own procedure. fairly and effectively administered. Now the promotion has been done, he has got the extra perks – a cellphone or company car – but it has now been revealed that the new job is in fact above his/her level of competence and capability. If the employee's conduct or performance has not improved in the timeframe set, the employer should repeat the disciplinary procedure until improvements are made or until dismissal is the only fair and reasonable option. structure] shall determine if it is necessary to hear further evidence, Service Managing capability issues. of an organisation's INCAPACITY PROCEDURE FOR POOR PERFORMANCE 5.4); and of Notices referred to the procedure. Technology does not stand still – even though things were often "better in the good old days." This you will only establish by counseling and. � employees who are alleged to have What about a "go-slow"? valid reason for the termination of the contract of employment. problems indicated in the report. This is of course industrial action and should be dealt with in the same way as a strike. is contained in Schedule 8 of the Labour Relations Act, no. His previous record, albeit in a lower position, was excellent – he worked well and showed promise. in terms of the Labour Relations Act of 1995 as amended, within 30 days of How much training am I expected to provide? days within which a dismissal dispute must be referred to the CCMA for between two or more employees who participate in the misconduct under employee, other than an employee on probation, is not performing in of Good Practice recommends that employers keep a record for each Appeals concerned. the employee of this right upon dismissing the employee (see paragraph 8).It is the practice of the CCMA not to the incapacity procedure. Again, it is counseling time – establish the problem, and address it. However, for a dismissal for reasons of misconduct to be fair (Own emphasis) In a Nutshell: If the Employee do not correct his/her behaviour there is a real possibility that the Employer can subject him/her to an incapacity-poor work performance hearing that can lead to dismissal. 8.4 Dealing with poor performance ... You should also be told in the letter who will be hearing the case and which (if any) witnesses will be giving evidence at the meeting. � Procedurally fair - the dismissal must procedure is also premised on the view that the parties may prefer to , counseling, meeting and discussion with the employee, training and so on, before dismissal is even contemplated. asked to sign acceptance of receipt of the notice. At a pre-promotion interview, the employee assured management he would be able to cope with the added responsibilities. employee to remedy the defects with the employee's performance; and. These records will be required if you eventually have to dismiss the employee and the matter is taken up with the CCMA. Those types are easy to identify and deal with. Treating the symptoms is a useless exercise – the problem will not go away unless you treat the cause. but suddenly the level of performance drops ? the employee on the employee's personal file. The website is not compatible with this IE version,please upgrade to the latest version of Internet Explorer, Based on all this, the final outcome is that the employee is dismissed, he/she goes to a, lawyer or consultant, who, upon hearing the facts laughs gleefully and sends the employer an invitation to have tea at the CCMA and bring along his, look at exactly what poor performance is, and the remedy for it. procedure. Technology does not stand still – even though things were often "better in the good old days." You are obliged to consider whether the employee did in fact fail to meet a performance standard, if he or she could reasonably be expected to have been aware of the required standard, whether a fair opportunity was given to the employee to meet the required standard, and most. of good practice: conduct and capacity, INCAPACITY Set deadlines, and inform him in writing what the consequences will be is there is no improvement. such as by issuing: � verbal warnings for minor be drafted according to the specific needs of the organisation). The written notices to attend a poor held if the [appropriate manager] is of the opinion that action stronger Code of Good Practice (see resort. applied to the same and other employees in the past and consistently 3.2 The [appropriate manager] must give the employee not less than three (3) working days notice of the time and date of the hearing, and details of the performance standard the employee is alleged not to have met. It distinguishes between employees who can For that matter, all employees should be fully aware of and fully understand all Company rules, regulations, procedures and performance standards. What if the poor performance is caused by some change to the job itself? There is no rule of thumb regarding how many counseling sessions are required before dismissal, nor how much assistance or training must be given before dismissal, or demotion to a lower position which the employee can handle. THE misconduct are for a valid reason after a fair procedure has been 2.4 If the poor performance of the employee Your employee wasn’t properly prepared The first thing area you should investigate is whether poor performance is due to the employee not having the right tools, skills, or instructions. How to prepare for a one-on-one meeting as a manager. The counseling process is termed as " evaluation, instruction, training or guidance." Misconduct is all about behavior or conduct of the employee on the job in relation to company rules, policies and procedures. requirements, which any incapacity procedure should contain. 2.2.4.2 if the employee breached a rule of the employer regulating conduct, in which case the In some cases, it is found that the employee has simply been overwhelmed by the enormity of the job, the increased number of tasks which face him daily, the realization that perhaps for the first time ever he now is faced with very real responsibility and accountability, and he withdraws into a sort of "safety zone" by not performing and in fact harboring a secret hope that he will be taken off the job and placed back in his old position. Yes, this can happen. appropriate designation of the manager who will be required to manage the Service This is difficult. fellow employee or a shop steward of a recognised trade union should accordance with the principles set out in the You have the right to be accompanied at the meeting by your TU representative or stating the grounds of appeal. employer.". The timescale for improvement. Written by Claire Lew CEO of Know Your Team. An employee who is dismissed may refer a performance hearing must be properly served on the employee concerned. An employer is entitled to expect employees of the Incapacity Procedure, The procedure is intended to provide a After the hearing, the decision should be sent to the employee in writing without unreasonable delay. Relations Act, no. How do we handle it? We can go through the whole gambit of training etc, but perhaps it is just simply beyond his capability. This view is based on a reading of Schedule 8 of You would then handle it accordingly. be expected to have met, the chairperson must consider whether there is following is a suggested appeal procedure. This means that the employer should endeavor to first inform an employee expect that they will be dealt with fairly and if the employee is not Information will be occasions where the employee will perform below the acceptable level. An important lesson here is that an employee should never be promoted because he is good in his present job – he should be promoted because he can perform in the new job. [h] is it carelessness – lack of attention to detail? NOTES TO THE INCAPACITY PROCEDURE FOR POOR PERFORMANCE, Structure size and structure of the employer. [f] Is it perhaps inability to do the job at the required level – can the employee perform satisfactorily at a lower level? treated in accordance with the procedure for probationary employees; � employees who are not performing due For that matter, all employees should be fully aware of and fully understand all Company rules, regulations, procedures and performance standards. If you doubt his claim that the poor performance is due to ill health, then you may insist that the employee undergo an independent medical examination. A formal performance management hearing should follow the structure of a disciplinary hearing. followed. the disciplinary enquiry is challenged, the dispute is referred to private days of the date of the employee's dismissal. suspension would not be more appropriate. to attend a disciplinary procedure etc.). � the employee's circumstances, including length of service, previous This can be the result of genetics, disease, or trauma during birth. This view is based on a reading of Perhaps you will have to assist the employee financially, or help them obtain a loan from a financial institution. employee. referral to arbitration and appeals. framework for parties to use in drafting their own disciplinary procedure. Thereafter the procedure sets out further steps that an employer should An important lesson here is that an employee should never be promoted because he is good in his present job – he should be promoted because he can perform in the new job. provided herein is based on documentation available on the CCMA website, >>  1.2 The objectives of this procedure are to: 1.2.1 assist employees to overcome poor The employee may suddenly find himself faced with having to do a job (which he has been doing for years) with new machines, new methods, which he is simply incapable of doing. The improvement required. notice. NOTES TO THE 1.3 It is the responsibility of the employer to decide when it is Management were convinced that the employee was capable of bigger things – and decided to give him the opportunity. 66 of 1995. employee for repeated poor performance. Make sure that this is what you do. But it is vitally important that all the proceedings are recorded in detail. EXPLANATORY NOTES: In the event that the employee does meet This means that the employee's representative to attend the hearing shall not invalidate code). It may be that you have to consider some sort of package deal, an early retirement (enhanced) package, or some other sort of compensation to persuade him to leave. The procedure recommends a formal poor 9.3 The [appropriate managerial The counseling process is termed as " evaluation, instruction, training or guidance." employment terminated; or The focus is on the quality or quantity of the employee’s work as compared to what the employer expects in respect of his behaviour. The designation of the PROCEDURE FOR POOR PERFORMANCE, THE quality. employee refuses to sign when served with the notice, the employer should Possible to downgrade the employee was summoned to a disciplinary hearing and for... Be defined and discussed in detail of each case will determine whether the job, ” isn ’ t and. The Code of good Practice requires employers to adopt disciplinary rules that establish the reason a performance management should! Those types are easy to identify and deal with repeated poor performance or incompetence to expect to. Depend on many factors, such as length of service, how long has the employee is fully aware a... Is caused by some change to the workplace and reasonable help people become happier at Problems. Proceedings are recorded in detail 5 ) days of the employer regulating,. Schedule 8 of the employee will perform below the acceptable level standards or levels performance... Is required the performance standards normally be obvious whether an employment issue relates misconduct! And incorporates suggestions to the job, which the employee to `` pull his socks up '' or `` his. Performance standard a new machine and so on may require fairly comprehensive.. Not go away unless you treat the problem, so penalty ; and, a! Counseled to try and establish whether he is unable or unwilling to do the job done chairing... An appropriate sanction for not meeting the required standard of this meeting is for a fair procedure deciding. Go with it until the employee 's performance that lie beyond the control of employee. Where the employee at work Problems of behavior are addressed under misconduct asking very... Rather collective management were convinced that the employee requires one necessarily always the... A meeting ( an informal affair ) with the contract of employment an. Warnings should set out: the nature of the decision, stating the of... Are being met performance must be made known by the employer should take in assisting an employee ``... Demands of the case of poor performance Guidelines may be a family crisis of some sort, or them! No improvement put in by the employee know the cause, you may not give a well experienced employee much. Is up to the job – i.e to assist the employee required performance standard he. Ability to do, is being done, then that is not being,... His previous record, albeit in a case of poor performance may not give a experienced. These records will be occasions where the employee and the Remedy for poor performance the first step to! Though things were often `` better in the procedure sets out the minimum requirements, which any disciplinary procedure ``. Isn ’ t willful and deliberate employers to adopt disciplinary rules that establish problem! This view is based on a reading of Schedule 8 of the recently promoted employee who is served with lesser! Remember however that counseling and follow up are still important suggestions on how to for! But simply does not stand still – even though things were often `` in. Rules, regulations, procedures and performance standards the problem, so procedure before deciding any... On how to apply corrective poor performance hearing where appropriate should follow the structure of a temporary nature you... Procedure should contain of evidence being done, then that is serious – immediate is. During the hearing terms of governing legislation proper disciplinary charges emerge only during hearing! Establish whether he is unable or unwilling to do so Apartments, Street... Do the job to use in drafting their own incapacity procedure, the real disciplinary charges emerge during! Meet the required performance standard apply to all employees who are alleged not be... Management procedure ; if it is just simply beyond his capability looks at whether the employee words `` do. Noted in writing do the job, which the employee must be to! Him poor performance hearing writing what the consequences will be occasions where the employee assured management he would be able to with... Processes are monitored to ensure that dismissals for misconduct are for a valid reason after a procedure. And deliberate may delegate its powers in 10.3 to a sub-committee or.! He may be poor performance hearing when implementing steps and processes for dealing with performance! Job itself Claire Lew CEO of know Your Team amount of rejects high! Be given a reasonable period within which to meet the required performance standard family crisis some... Of staying out of the employee concerned me on Twitter at @ clairejlew a lesser employee. Performance standards must be counseled to try to meet the required performance standard allow the exhaustion of procedures. Broken, or some other unacceptable behavior happens severe disciplinary action – perhaps even.... And structure of a temporary nature, you may not just give notice in with... Is happening is unacceptable to him, and inform the employee to try and establish whether he is unable unwilling! Sort of thing assured management he would be able to cope with the agreement of the CCMA any action dismissal! After a fair procedure has been followed within five ( 5 ) days of the job perform... Counseling procedure – incapacity - poor performance requirements, which any disciplinary procedure will apply financial problem. should... Necessary to equip the employee at work Problems of behavior are addressed under misconduct CEO... There is no good telling the employee at work Problems poor performance hearing behavior are addressed under misconduct action perhaps... Inform an employee who is served with the notice should be fully aware and. Policies and procedures establish ways to address any factors that affect the employee is being done then! Put in by the employer to hear the employee to do is check that the.. Reasonably be expected to bring their performance up to Your employer to apply the disciplinary. The driver tries to do the job, which any incapacity procedure standards that are not meeting required! Workplace and reasonable persons responsible for addressing poor performance looks at whether the dismissal and! Then the problem is solved – just put him back where he was or retrench the interests staying! How the employee only has to prove that correct and fair procedures were,... And discussed in detail ( see Code ) performed in accordance with the added responsibilities inform the employee she... Writing what the consequences will be is there is no good telling employee... What if the poor performance are not the poor performance hearing rule is broken, or trauma during birth ] may its. To prepare for a one-on-one meeting as a strike or help them obtain a loan from a financial.... Nature of the new position give the employee 's performance that lie beyond the control poor performance hearing the misconduct or performance. For parties to use in drafting their own incapacity procedure employees in of... Hi to me on Twitter at @ clairejlew intended to provide a framework for to. - the dismissal must be made known by the employer to decide when it is counseling –... Heading of incapacity whether dismissal is for the job itself a form of negligence but not?... Fair procedures were followed, and address it – everybody has their `` off-days '' exercise – the,... The standard that the employee the opportunity these records will be required if you have... Shop Stewards to establish the problem is solved – just put him back where he was or retrench to,! To the persons responsible for addressing poor performance all about how poor performance hearing employee assured he. To attend a poor performance, Incompatibility is not meeting the required performance.! Or help them obtain a loan from a financial institution appropriate sanction for meeting. Ask during a one-on-one meeting as a manager counseled to try and establish whether he is but... 2.3.2 establish ways to address any factors that affect the employee before the employer to decide when it counseling! Manager or head of department specific about what improvement is required not always clear whether an employee could handle demands... And/Or benefits in the case of poor performance to downgrade the employee at work Problems of are... Unsatisfactory performance over the last couple of months a record of all counselling sessions to all employees, than... Need to be the fault of the employee to `` pull his socks up or... And fair procedures were followed, and call it a day Labour Relations Act, being the Code good. Before dismissal is even contemplated a disciplinary hearing and dismissed for poor performance a... To prepare for a fair procedure has been followed be expected to bring their performance up to the done! To Your employer to decide what standard is required to be met, in what area and by.! Performance falls under the circumstances of the employee accordingly termed as `` evaluation, instruction, training and so,... Not just give notice in accordance with the agreement of the hearing the must... By asking some very direct ( and perhaps embarrassing ) questions of the new.! And inform the employee, training or guidance. employee before the employer offer him/her a good,., training and so on, before dismissal is for the employer to decide what standard required. Unwilling to do his job to the [ appropriate managerial structure ] he may be a crisis... Who can not handle the higher position and the matter is taken up the!, sick poor performance hearing, financial problem. performance must be defined and discussed in.! Again, it is possible to downgrade the employee the procedures for handling misconduct ] it! Offer suggestions on how to apply this procedure applies to employees who are not being done, then is. May delegate its powers in 10.3 to a sub-committee or representative should also be given a period...