Labour Relations Act, 1995 (Act No. 66 of 1995)

Codes of Good Practice

Dismissal based on Operational Requirements

Schedule 8

Part F - Incapacity

19. Unsatisfactory performance after probation

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(1)After probation, an employee should not be dismissed for unsatisfactory performance unless—
(a)the employer has given the employee appropriate evaluation, instruction, training, guidance, or counselling; and
(b)after a reasonable period of time for improvement, the employee continues to perform unsatisfactorily.

 

(2)Before dismissing, the employer should give the employee an opportunity to respond to the allegations of unsatisfactory performance.