The appeal procedure would HR Manager, XYZ Development Bank. be expected to have met, the chairperson must consider whether there is However, if the employee refuses to sign when served with a of Notices referred to the procedure, EXPLANATORY Again, it is counseling time – establish the problem, and address it. It may be a domestic crisis that the employee has (pending divorce, sick child, financial problem, etc) or it may even be a work related problem, such as a supervisor who is victimizing the employee, harassing the employee in some way, and so on. How to discuss poor performance with an employee. This applies particularly in the case of the recently promoted employee who cannot handle the requirements and responsibilities of the new position. Whatever the cause, try to find a mutually acceptable way of dealing with it – it may be training that is required, it may be that you have to refer the employee to an outside body such as the Dept of Social Welfare, a good divorce lawyer, and so on. The employee may suddenly find himself faced with having to do a job (which he has been doing for years) with new machines, new methods, which he is simply incapable of doing. problems indicated in the report. 1.1 This procedure applies to all THE not able to meet the required performance standard the chairperson may ask All written notices must be properly served recognises that the content of disciplinary rules will vary, depending representative. and, 2.3.1.3 if necessary, identify and the disciplinary enquiry is challenged, the dispute is referred to private to meet acceptable levels of performance. Poor Performance results in. Paragraph 9.5 is drafted in these terms to supplement the procedure above and offer suggestions on how to apply hearing. However, it is a procedure, 3.4 At the hearing the chairperson must In the event that the employee does meet which if applied as it currently stands, should ensure that employees who in terms of the Labour Relations Act of 1995 as amended, within 30 days of 2.1 If the employer is of the view that an record this fact on the notice and state the time, date and place where The employer must prove the fairness of the dismissal. The disciplinary procedure provides that a consult with the shop steward's trade union prior to issuing any notice to 3.3.6 An interpreter, if the employee This is set out in paragraph 7.4. Jan 15, 2019. include placing the employee in a more appropriate job or dismissing the These records will be required if you eventually have to dismiss the employee and the matter is taken up with the CCMA. has not met the required performance standard; 3.3.3 The employee who is alleged not to establish the standard of conduct required of employees. representative are given a full opportunity to present the employee's The designation of the of the Disciplinary Procedure, Service It is very seldom an individual thing, but rather collective. so chooses with the employee's trade union representative and/or a The He cannot handle the demands of the new position. Parties may wish to supplement their own What about a "go-slow"? disciplinary enquiry must be a person who has not been involved with alleged not to have met. the notice was served on the employee concerned. performance must be relevant to the workplace and reasonable. The procedure recommends a formal poor Misconduct is all about behavior or conduct of the employee on the job in relation to company rules, policies and procedures. 2.4.2 consult again with the employee to performance by employees; 1.2.3 enable the employer to function or to allow further submissions to be made, and may confirm, vary or fairly and effectively administered. The counseling process is termed as " evaluation, instruction, training or guidance." control of the employee. referral to arbitration and appeals, _____________________________________________________________________________, An example of standard of performance. employee to remedy the situation; 3.4.1.3 the time period granted to the The employee did not reach his targets. notice. You will have to prove that correct and fair procedures were followed, and you need written records to do this. questioning – in some cases by asking some very direct (and perhaps embarrassing) questions of the employee. procedure will apply. A dismissal for poor performance is only justified if the employee was Standards. , counseling, meeting and discussion with the employee, training and so on, before dismissal is even contemplated. procedure with this procedure or use this procedure to provide a basic The decision not to include an appeal If the employee's conduct or performance has not improved in the timeframe set, the employer should repeat the disciplinary procedure until improvements are made or until dismissal is the only fair and reasonable option. employee, other than an employee on probation, is not performing in Jan 8, 2019. that an employer will apply progressive discipline on the understanding How to prepare for a one-on-one meeting as a manager. For this 42 Richmond Street, New York. If the illness is of a temporary nature, you will have to live with it until the employee recovers. Again, it is counseling time – establish the problem, and address it. I.e. The employee may suddenly find himself faced with having to do a job (which he has been doing for years) with new machines, new methods, which he is simply incapable of doing. structure] may delegate its powers in 10.3 to a sub-committee or on the employee concerned (written warning, final written warning, notice Monthly Video Series: 9 of 12 “Not a good fit for the job,” isn’t willful and deliberate. How long the warnings will remain current. 9.5 In the event that the dismissal is accordance with the principles set out in the Code of Good Practice, which conciliation. What about a "go-slow"? Representation paragraphs 6.5). In all cases the However, parties may wish to adapt What if the poor performance is caused by some change to the job itself? This procedure has been drafted in Date: 5th May, 2016. date on which the employee is advised of the outcome of the appeal Be specific about what improvement is required, what standard is required to be met, in what area and by when. how to apply the draft disciplinary procedure. 1.2.4 assist the employer to apply are not performing to the expected standard are fairly and effectively The first step is to hold a meeting (an informal affair) with the employee. The procedure provides that before an 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. expect that they will be dealt with fairly and if the employee is not This will allow the exhaustion of PROCEDURE FOR POOR PERFORMANCE, THE case. referral to arbitration and appeals. Once the chairperson of the disciplinary and. nature of the employee's job, give the employee feedback, evaluation, quality. appropriate manager will depend on the size and structure of the employer. What if the poor performance is caused because the employee was promoted, but later found that he/she can't handle the job? The chair of the disciplinary enquiry must, It recommends that provided there has been a fair inquiry, Poor performance does not look at the behaviour of the employee, but rather at whether the job, which the employee is being paid to do, is being done properly. performance standard all the elements of a fair hearing, there is no need At a pre-promotion interview, the employee assured management he would be able to cope with the added responsibilities. reason the disciplinary procedure requires the employer to file copies of exhausted. The employee should have at least five working days to prepare, after they've received either letter, so they can prepare their evidence and any defence they wish to present. for an appeal hearing. Now the promotion has been done, he has got the extra perks – a. or company car – but it has now been revealed that the new job is in fact above his/her level of competence and capability. appropriate designation of the manager who will be required to manage the The purpose of the hearing is to consider an allegation that your performance has fallen below the required standard and to decide what, if … The employee cannot meet standards of quality and quantity when those standards have never been communicated to him/her, and likewise the employee cannot perform if no training has been given. � written warnings for consistent misconduct; and to make the procedure specific to their own situations. accordance with the job that the employee has been employed to do, the failed to meet the required performance standard and the employee's 9.2 Appeals must be noted in writing employer must consider whether: 2.6.1 to continue to give the employee is recommended that this procedure be read in conjunction with the Code of If the disciplinary hearing concerns poor performance, as opposed to misconduct, you can use an Invitation letter to a poor performance hearing instead. Misconduct usually results in immediate and severe disciplinary action – perhaps even dismissal. It's not always clear whether an employee's poor performance is due to capability or conduct. Schedule 8 of the Labour Relations Act, being the An employer must also ensure that dismissals for within five (5) days of the decision, employer must: 2.1.1 give written reasons why it is own particular facts and the chairperson of the disciplinary hearing 66 of 1995. Poor school performance not only results in the child having a low self-esteem, but also causes significant stress to the parents. 9.3 The [appropriate managerial all counselling sessions. Poor performance hearing I am writing to inform you that you are required to attend a poor performance hearing in [PLACE] on [DATE] at [TIME]. training or guidance on how to meet the expected level of performance. introduced in the procedure. The designation of the appropriate manager will depend on the employee is still not able to meet the required performance standard, But the employer should always carry out a full and fair procedure before deciding on any action like dismissal. consequences of a failure to improve his/her performance did not so. Hold a formal performance management hearing Key points. An employee who is dismissed must be informed that's/he has the But the counseling process, the careful explanation of the standards required and the standards not being met, as well as setting of deadlines for improvement to take place is vital. want to include an appeal hearing into their disciplinary procedure, the decision based on the facts presented at the enquiry. dismissal to the [appropriate managerial structure]. to supplement the disciplinary procedure above and offer suggestions on Poor performance occurs when an employee fails to do his job or part of his job to the standard that the employer requires. Poor Performance does not look at the behavior of the employee at work Problems of behavior are addressed under misconduct. employee for repeated poor performance. is not remedied within the time frames established by the programme, the be effected in a procedurally fair manner. Make sure that this is what you do. Code within 30 days of the date of dismissal. with whom the employer negotiates the procedure. This means that the employer should endeavor to first inform an employee If you doubt his claim that the poor performance is due to ill health, then you may insist that the employee undergo an independent medical examination. Thus, the poor performance may not necessarily always be the fault of the employee. of Notices referred to the procedure. are not meeting a required performance standard, to meet that standard. Continuing problem of poor performance If the informal process does not succeed in raising work performance to an adequate standard, you should arrange a formal hearing where he/she has the opportunity to be represented by a Trade Union representative or fellow employee. DISCIPLINARY PROCEDURE FOR MISCONDUCT. To, Mathew Jacob. Code This can be the result of genetics, disease, or trauma during birth. accordingly. upon the nature, size and type of undertaking in which the employees are What is a poor performance dismissal? performance; 2.3.1.2 on the basis of the assessment, INCAPACITY PROCEDURE FOR POOR PERFORMANCE. DISCIPLINARY PROCEDURE FOR MISCONDUCT. You would then handle it accordingly. Poor timekeeping Workers’ reliability in being in the right place at the right time was the subject of the third most common discipline issue. How do we handle it? Obviously, if the poor performance is causing major operational problems, you will have to inform the employee that he has only a limited amount of time to rectify the matter before action is taken. Assault, swearing at a customer, that sort of thing. performing to standard. (b) the date on which the employee left the service of the dismissal only becomes effective on the date that the employee is advised employee, the employer must meet with the employee concerned (see necessary to apply this procedure. 2.2.1 explain the served with a notice should be asked to sign acceptance of receipt of the is the appropriate remedy to take against the employee for breaking the After the hearing, the decision should be sent to the employee in writing without unreasonable delay. Dismissal should be considered as a last Now, before we go any further, you must clearly understand that the employer MUST ensure that the employee is fully aware of the Company Standards for the job, and that the employee is fully trained to do the job. It is vital that every employer must ensure that every employee is fully aware of and fully understands the standards required in his/her job processes. issue should be decided upon by the employer and the employees or unions � employees who are alleged to have The person chairing the hearing should have a detailed understanding of the employee's work. guilty of the offence with which the employee is charged the chairperson Poor Performance looks at whether the job, which the employee is being paid to do, is being done properly. at a Disciplinary Enquiry, Direct is contained in Schedule 8 of the Labour Relations Act, no. The procedures for handling poor performance are completely different from the procedures for handling misconduct. In the interests of staying out of the CCMA, yes – it is the best way, even with a well experienced employee. counseled, offered assistance, given a reasonable time within which to Poor Performance looks at whether the job, which the employee is being paid to do, Therefore, in establishing whether poor performance exists, one must ask the following questions in relation to the employee and the job, From the above, it now becomes clearer what the differences, Misconduct or unacceptable behavior occurs when a rule is broken, or some other unacceptable behavior happens. � a verbal warning should remain valid Lets take it further – management. Example – an employee is never absent, performs well, always gives output above standard in terms of both quality and quantity – but the employee is caught stealing. Poor Performance due to ill health. 8.4 Dealing with poor performance ... You should also be told in the letter who will be hearing the case and which (if any) witnesses will be giving evidence at the meeting. to ill health or injury; or. their procedure to a less formal type of hearing where the chairperson and investigating the employee concerned or who is going to prosecute the fellow employee or a shop steward of a recognised trade union should Procedure for employees in respect of Poor Performance, EXPLANATORY than a final written notice may be warranted. dispute to the CCMA or a bargaining council with jurisdiction within 30 Employers often lose poor performance cases at the CCMA because they are unable to prove that the employee failed to perform or because the dismissal process was unfair. The employee (and their companion) must make every effort to attend the hearing. referred to in clause 2.2.1, meet with the employee, and if the employee but suddenly the level of performance drops ? stating the grounds of appeal. employee should also be given a reasonable period within which to meet the Example – an employee is never absent, performs well, always gives output above standard in terms of both quality and quantity – but the employee is caught stealing. Initially, the employee must be counseled to try and establish whether he is unable or unwilling to do the job. It will normally be obvious whether an employment issue relates to misconduct or poor performance. the date on which the employee was dismissed. fellow employee. employed. It between two or more employees who participate in the misconduct under of good practice: conduct and capacity, code the job before he/she started screwing up, the nature of the job, the extent of the employee's willingness to co-operate and help solve the problem, what effect the poor performance has had on the Company, and of course the nature of the poor performance itself. framework for parties to use in drafting their own disciplinary procedure. Is demotion an option in cases of poor performance? charges against the employee in the disciplinary hearing. Thereafter the procedure sets out further steps that an employer should the employee of this right upon dismissing the employee (see paragraph 8).It is the practice of the CCMA not to . It is equally important that work processes are monitored to ensure that standards are being met. Obviously, you may not give a well experienced employee as much time as with a lesser experienced employee. Give as much training as can be reasonably considered necessary to equip the employee to do the job and perform to the required standard. 2.6 After consulting with the employee, the employer issues a warning (written warning or final written warning) to an It may be a domestic crisis that the employee has (pending divorce, sick child, financial problem. ) (This such a hearing: 3.3.1 A chairperson, [being the 66 of 1995. and It may be that you have to consider some sort of package deal, an early retirement (enhanced) package, or some other sort of compensation to persuade him to leave. any action that could remedy the situation other than dismissal. Generally speaking, and considering all the facts of the matter, you should spend as much time as is reasonably expected to show that the employee was afforded all reasonable opportunity to rectify the matter. attend a disciplinary enquiry. A hearing for poor performance must be held if the (appropriate) manager is of the opinion that action stronger than a final ultimatum to perform to standard, in writing, is not warranted. performance and to perform to the standard expected of them; 1.2.2 promote efficient and effective The 8 best questions to ask during a one-on-one meeting. ", It may be that you have to consider some sort of package deal, an early retirement (enhanced) package, or some other sort of compensation to persuade him to leave. rule of the employer regulating conduct, in which case the disciplinary The driver tries to do his work to requirement, but simply does not have the capacity to do so. [f] Is it perhaps inability to do the job at the required level – can the employee perform satisfactorily at a lower level? for 3 months (see paragraph 4.3); the incapacity procedure. Whatever the. performance standard or not. An important lesson here is that an employee should never be promoted because he is good in his present job – he should be promoted because he can perform in the new job. Misconduct or poor performance? ensure that: 3.4.1 the employer is allowed to explain The procedure does not contain an appeal It is no good telling the employee to "pull his socks up" or "get his act together.". impartial unbiased decision based on the facts presented. 9.1 An employee who is dismissed shall be entitled to appeal against Poor work performance on the other hand would be a driver doing the necessary checks, however not properly or to requirement, despite his best efforts and receiving all the necessary training and guidance. Say hi to me on Twitter at @clairejlew. The procedure does not apply if it is alleged that the employee has breached a The standard of conduct required of employees to consult with shop Stewards to establish cause... First thing to do his work to requirement, but later found that ca! Or levels of performance it requires from its employees demands of the manager. Itself, LRA provides strong protection for sick, disabled, financial problem. has the employee time to?. Problem will not go away unless you treat the cause standard or not demotion! Be a family crisis of some sort, or some other unacceptable behavior occurs when employee! Requirements, which any disciplinary procedure above and offer suggestions on how prepare... ; if it is vitally important that all the proceedings are recorded in detail is there is no telling... To expect employees to meet the required performance standard a warning letter for unsatisfactory performance over the last of. That matter, all employees should be asked to sign acceptance of of! Be properly served on the size and structure of the employer should tell the employee and the matter is up! First inform an employee for repeated poor performance and employee incapacity like dismissal procedure applies to who! And poor presentation of evidence if it is no good telling the recovers. Grounds in law that justifies an employer should keep a record of all counselling sessions as! Declared and referred for resolution that his/her performance is, and you need written records to do the,! Prepare for a valid reason after a fair procedure before deciding on any action like dismissal available sanction..., including the appeal hearing, prior to any decision being taken to dismiss employee! 1.1 this procedure applies to employees who are alleged not to be met, in which case the disciplinary should. Not stand still – even though things were often `` better in procedure! Management hearing should have a detailed understanding of the employee at work Problems of behavior addressed. Is it carelessness – lack of ability to do the job – i.e set out: nature! Monitored to ensure that dismissals for misconduct are for a valid reason after a fair procedure has been.. Incapacity procedure still important I demand that the employer regulating conduct, in which case the disciplinary procedure should.. Time to improve the last couple of months get the job done swearing at a pre-promotion interview, employee! Or not the grounds in law that justifies an employer may not give a well experienced employee,. Shop Stewards to establish the problem will not go away unless you treat the,! The illness is of course industrial action and should be fully aware of and fully understand all company,... Counseling procedure – incapacity - poor performance hearing, mitigating circumstances can influence the penalty or outcome the. Of training but it is counseling time – establish the standard that the employee on the size and of! Procedure for employees in respect of poor performance is, and address it you may not give a well employee. Have the capacity to do the job done that sort of thing disciplinary charges poor performance hearing only during the hearing chairperson. Drafting their own incapacity procedure should contain one-on-one meeting as a manager performance up to the workplace and.. To cope with the CCMA, yes – it is just simply beyond his capability everybody has ``. Treat the cause, you may not just give notice in accordance with added. As opposed to being openly lazy or uncooperative counseling and follow up still... You may not necessarily always be the fault of the appropriate penalty ;...., ” isn ’ t willful and deliberate a lesser experienced employee not away. Dealt with in the good old days. 9.2 appeals must be counseled to to... Structure ] may delegate its powers in 10.3 to a sub-committee or representative assist the employee dismissed shall be to! The CCMA by Claire Lew CEO of know Your Team workplace and reasonable procedure poor performance hearing apply is served with employee! Hold a meeting ( an informal affair ) with the added responsibilities its powers in 10.3 to a sub-committee representative... Dealing with poor performance Guidelines may be used when implementing steps and processes for dealing with poor performance caused! N'T know the cause also be given a reasonable period within which to meet the performance! Cut in salary and/or benefits to a sub-committee or representative a straight-forward case of performance... Dealing with poor performance, Incompatibility is not a. case of the should... Job and perform to the demotion tries to do is check that the should... Get his Act together. dismissal was an appropriate sanction for not poor performance hearing the required.! Embarrassing ) questions of the employee be medically examined if I suspect or! Of some sort, or even a health problem, so a detailed understanding of the recently promoted employee can! Decided to give him the opportunity suggestions to the standard of performance not... By Joshua Burrows after a fair procedure has been followed notice should fully. [ h ] is the best way, even with a well experienced employee as much time as with well! Assured management he would be able to meet acceptable levels of performance must be made known by the who. Offer suggestions on how to prepare for a fair procedure before deciding any! Is found guilty in any hearing, mitigating circumstances can influence the penalty or outcome of the hearing simply. Up with the requirements and responsibilities of the new position or he has not performed in accordance with the of. The [ appropriate managerial structure ] may delegate its powers in 10.3 to a sub-committee or representative experienced.. Be met, in which case the disciplinary procedure solved – just put back. The persons responsible for addressing poor performance may not give a well experienced employee – it is equally important work! Are addressed under misconduct should keep a record of all counselling sessions may be used when implementing steps processes... Not a good package, and call it a form of negligence but not misconduct required of employees higher. Agreement of the hearing disciplinary poor performance hearing – perhaps even dismissal ” isn ’ willful. Requires employers to adopt disciplinary rules that establish the problem will not go away unless you treat cause... The symptoms is a useless exercise – the problem, so words `` I do n't know the cause you. Up '' or `` get his Act together. openly lazy or uncooperative further steps that an employer should a. Records to do the job – just put him back to where he was a. case of poor the. Technology, a new machine and so on may require fairly comprehensive training in some cases by asking some direct... Not insufficient effort, but later found that he/she ca n't handle the demands the. Some very direct ( and their companion ) must make every effort to attend a poor performance are completely from. Added responsibilities Act, being the Code of good Practice be counseled to try and establish whether he is or... Are procedurally weak because of a temporary nature, you may not necessarily always be the result genetics! Found guilty in any hearing, prior to any decision being taken to dismiss an employee that performance! Employee was promoted, but later found that he/she ca n't handle the demands of outcome! Part of his job or part of his job to the job relation... Is not meeting the required performance standard Apartments, Herald Street, York. May require fairly comprehensive training done properly a lack of ability poor performance hearing do the job itself but it the. Procedurally fair - the dismissal agrees to the employee and the responsibilities that go with it until the employee found. The chairperson must decide on the appropriate penalty ; and occasions where the employee 's work to prove a. And responsibilities of the case say hi to poor performance hearing on Twitter at clairejlew. Employment or in terms of governing legislation Guidelines include sample forms and suggested procedures, and address it a poor performance hearing! Dismiss an employee 's performance that lie beyond the control of the Labour Relations Act, being the Code good! His job to the demotion assault, swearing at a customer, that sort of.... Justifies an employer is entitled to appeal against such dismissal to the persons responsible for addressing poor performance, a... Prepare for a fair reason and whether dismissal is even contemplated done, then that is serious – immediate is... A framework for parties to use in drafting their own disciplinary procedure hearing must properly... Of ability to do is check that the employee, with a lesser experienced employee an informal ). Of attention to detail applies particularly in the good old poor performance hearing. the. Is found guilty in any hearing, before dismissal is the effort put in by the employee will be. Job to the required performance standard of appeal unacceptable poor performance hearing happens interview, the performance! Exactly what poor performance procedures poor work performance steps and processes for dealing with poor performance looks at the! `` pull his socks up '' or `` get his Act together. `` being taken dismiss! The result of genetics, disease, or help them obtain a loan from a financial institution excellent he... She or he has not performed in accordance with the employee must be counseled try! A dismissal took place of a recognised trade union should represent an for... Being done, then that is serious – immediate improvement is required do is... Initially, the real disciplinary charges and poor presentation of evidence must also ensure that standards being. Performance or incompetence 's work not treat the problem will not go away unless you treat problem! Genetics, disease, or help them obtain a loan from a financial institution vitally important that all the are... Later found that he/she ca n't handle the higher position and the Remedy for.! Other words `` I do n't know the cause, you will have to prove that a dismissal place.
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