Before you can dismiss an employee for poor work performance




Managers must understand that poor performance that is not addressed quickly is in reality seen by the employee as being condoned by the manager. The general rule is that people respect what you 'inspect', not what you expect! Consequently, they pay attention to what you pay attention to. So, if the behaviour you're getting is not what you expect, act on it now. The duty to perform means that employees have an obligation to perform diligently and to the best of their ability in respect of the work the employer has delegated to them.

In terms of the South African Labour Relations Act, Poor Work Performance falls under the broad heading of Incapacity. Poor work performance or failure by the employee to reach and maintain the employer's work performance standards in terms of quantity and quality of output is an ever increasing problem. 

It is implicit in all employment contracts that the employee undertakes to perform according to the reasonable, lawful and attainable work performance standards set by the employer. Should the employee fail in this duty, then he is said to be "incapable" and the employer has the right to dismiss after following a fair procedure and ensuring that the dismissal is for a fair reason. It is, however, important to keep in mind that in modern employment law, disciplinary sanctions are regarded as corrective rather than punitive.

A fair procedure encompasses: 

  • Establishing that the problem is poor performance and not misconduct
  • Identifying the causes of the poor performance
  • Meeting with the employee and his line manager to establish the causes of the poor performance
  • In particular, obtain the employee's reasons for the poor performance
  • Evaluate the employee's reasons for the poor performance
  • Obtain commitment from the employee regarding the action he will take to rectify the problem
  • Inform the employee of the action the employer will take to assist in that process
  • Agree on a reasonable time period for improvement
  • Follow up and monitor the progress.

If there's one thing you should remember about how to manage poor performing employees, it's that it should not be the big deal that we so often make of it. If you address inappropriate behaviour when it first appears, you will start viewing it not as a burden, but as an opportunity to coach, develop and grow.

References:
http://labourlawhandbook.co.za
http://labourguide.co.za
http://www.fortunegroup.com.au
The philosophy of discipline in the workplace – Dr. C. Maritz & Bernard Myburgh