work process. Guidelines for determining the fairness of a dismissal as well as the procedure to be followed in implementing a dismissal. 8 MANAGING POOR PERFORMANCE 32 9 MANAGING PERFORMANCE MANAGEMENT DISPUTES 35 SECTION 4: ... Organisation refers to the South African Human Rights Commission (SAHRC). 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. 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. 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. 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. Generally, an employer cannot justifiably conclude that dismissal is necessary if the employee could conceivably have met the required standard within a reasonable period. The employer is a company operating in the tertiary education sector and has a number of campuses throughout the Republic of South Africa. 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. 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. 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. But it is legally possible, so long as specific precautionary measures are taken. ... are crime fighters and always on the frontline to ensure that South Africa is safe and secure at all times. Procedures. In South Africa the law differentiates between dismissal for poor performance for an ordinary employee and that of a senior manager or executive. 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. FOR POOR WORK PERFORMANCE I. 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 … Employees must not be dismissed for poor performance unless the employer has evaluated, instructed, guided, trained or counselled the employee. Communication and planning. The employer must follow these guidelines. South African labour legislation recognises that an employer may require work performance of an acceptable standard. A notice was sent to Sonyana informing her of the hearing. Many employers fire poor performers hastily while others wait too long before taking strong action. Many of us have watched with interest the "goings on" in THE APPRENTICE South Africa. In running a venture, staff performance management is an indispensable skill. 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. 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. The accused employee has the right to to make representations, within five (5) 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. 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 … Thus, an employer must act substantively and procedurally fair. 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. 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. Managers must ensure that they, when applying this policy, are not dealing with misconduct. It is further important that a joint problem solving approach is adopted during a meeting. Determine the reasons for the poor work performance, Determine the manner in which poor work performance is to be addressed. The number of Performance Improvement Plan meetings is not prescribed in this procedure but rather depends on the circumstances of each case. employee poor work performance and to explore the possible solutions. Source: Law Society of South Africa 1. Demotion must be applied in terms of the stipulations of paragraphs 5 and 7. 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. 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 […] Incapacity as a result of poor performance: The employer may set performance standards for employees. 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