Discipline and Dismissal


 
Poor performance is a form of incapacity. It also be described as incompetence, lack of skill knowledge, Incompatibility, bad attitude, Carelessness, in accuracy, incomplete work, poor social schools, and failure to comply with reasonable standards.

The employer must consider:

  • Whether there was any material breach of the required work standard and if so
  • Whether the employee was aware of or could reasonably be expected to have been aware of, the required would standard
  • Whether the required work standard was a fair one, was attainable, and was legitimate, meaning that it fell reasonably with in the parameters of the employee's job description
  • The seriousness of the substandard performance
  • What opportunities are being afforded the employee to meet the required standards
  • Whether there only prospects of future improvement
  • Whether future training would result in required improvement
  • Or perhaps whether they demotion to a lower position might result in fully acceptable performance being delivered, or perhaps even transferred to another branch.


As stated above dismissal for poor performance was only be considered after all the aforementioned counselling procedures have been fully exhausted and full opportunity has been granted to the employee to meet required standards, even to the extent of considering demotion or transfer as an alternative to dismissal. If no suitable alternatives exist, the employer may be faced with the inescapable fact that dismissal is only remedy.

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POPIA: Protection of Personal Information Act

14 August 2020 (09:00 - 12:00) (Fully Booked)

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27 August 2020 (09:00 - 12:00)

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Management and Leadership Skills

19, 20 & 21 August 2020 (08:30 - 16:00) (Fully Booked)

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09, 10 & 11 September 2020 (08:30 - 16:00)

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20 August 2020 (08:30 - 16:00)

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Covid19: The Reality: Workplace Matters After Lockdown

26 August 2020 (09:00 - 14:00)

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Investigation and Management of COVID-19 Cases in the Workplace

27 and 28 August 2020 (09:00 - 13:00)

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28 August 2020 (09:00 - 16:00)

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The OHS Act and the Responsibilities of Management

04 September 2020 (08:30 – 16:00)

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Basic Labour Relations

10 September 2020 (09:00 - 16:00)

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