Labour Relations Act, 1995 (Act No. 66 of 1995)Codes of Good PracticeDismissal based on Operational RequirementsSchedule 8Part F - Incapacity20. Guidelines in cases of dismissal for poor work performance |
| (1) | Any person determining whether a dismissal for poor work performance is unfair should consider— |
| (a) | whether the employee failed to meet a performance standard; and |
| (b) | if the employee did not meet a required performance standard, whether— |
| (i) | the employee was aware, or could reasonably be expected to have been aware, of the required performance standard; |
| (ii) | the employee was given a fair opportunity to meet the required performance standard; |
| (iii) | the required performance standard was reasonably achievable; and |
| (iv) | dismissal was an appropriate sanction for not meeting the required performance standard. |
| (2) | Depending on the circumstances, an employer may not be required to warn an employee that if their performance does not improve, they might be dismissed. This may be the case for managers and senior employees whose knowledge and experience enables them to judge whether their performance is adequate and employees with a high degree of professional skill where a departure from that high standard would have severe consequences justifying dismissal. |