Save my name, email, and website in this browser for the next time I comment. An employee may be said to be incompatible for a number of reasons. Copyright © 2020 Bregman Moodley Attorneys | Designed By, The stages in management of employee performance: a labour law perspective, Specialist Divorce Lawyers In Johannesburg, The Prohibition of Unfair Discrimination in the Workplace. Should the employee fail in this duty, then he is said to be ". " Ø       “Formal procedures do not have to be invoked every time a rule is broken or a standard not met. If opted for by the employer as I recommend it should be, a probationary period of reasonable duration to achieve its purpose should be written into the contract of employment or appointment letter. However, in that dismissal for incapacity is not disciplinary in nature (see above) and is premised on the employee`s incapability of performing the job for which he or she was hired, principles of logic and equity dictate that the employer attempts to find alternatives to dismissal by, for instance, offering the employee an alternative less demanding post in which s/he is capable of performing if a suitable alternative post is available, even if this would mean a demotion from her incumbent post. What is vital in justifying a dismissal on completion of probation is that where the assessment proves negative, the respects in which the employee is failing to meet the standards be clearly spelled out to him and he be given an opportunity and assistance, if necessary, to get himself up to speed, to assess which a follow-up meeting should be scheduled. Seldom, if ever, does the employer give any meaningful thought or serious consideration to the aspect of "Can he really handle it to the benefit of the company and himself.? And it is the difference that makes one employee compatible and another not compatible – a misfit. This continual revisiting of goals … The COVID-19 pandemic has thrown performance management systems into chaos -- and the reactions have been telling. It does not quite fit the requirements of misconduct, and does not fall under operational requirements. This course will help you design or improve your performance management to ensure it is producing the quantitative … The first challenge is the lack of alignment due to various … Extra duties must be allocated to an existing employee only because the employer and the employee both agree that he is capable of taking on those extra tasks, can handle those extra tasks as well as his existing tasks jointly, according to the employer's required work performance standards, and a suitable adjustment to the employee's salary and benefits must be agreed to. Generally, this should be established at the interview and selection stage. Now, I don't want to tar everybody with the same brush, but generally, the  employer is in business for one reason and one reason only – namely to make money – to make a profit. The most common causes of poor work performance have been stated above, and it is sometimes found that a previously good-performing or satisfactory employee suddenly "goes off the rails." Poor Performance Procedures Poor Work Performance falls under the broad heading of Incapacity. Poor Work Performance falls under the broad heading of Incapacity. Users will be able to log onto the system and see the current “status” of their performance / competence reviews and submit comments. See our privacy policy. The Employee Performance Management and Development System (EPMDS)1has been designed as a voluntary system to assist with performance management on salary levels 1 to 12 in departments and … performance management is a tool that assists municipalities to continuously monitor performance and evaluate in order to be effective. As with most important things in life, nothing is guaranteed – but in our view, these procedures come as near to achieving procedural fairness as can possibly be done. These influences take many forms – perhaps the employee has landed himself in heavy financial difficulty ( very common), or is perhaps undergoing a messy divorce, or is having an affair and fears being discovered, or children doing badly at school, (even involved in drugs) ,perhaps has discovered that his wife is having an affair, or the terminal illness of a loved one, the recent sudden death of a much loved family member, and so on. after a reasonable period of time for improvement, the employee continues to perform unsatisfactorily” [para 8 (2)]. The employee would be entitled to internal representation and to make representations against his dismissal. Performance Management is an ongoing process . Be careful never to employ a person whom you suspect may be a heavy drinker, an alcoholic, or addicted to any substance having a narcotic producing effect. Should the employee fail in this duty, then he is said to be "incapable" and the employer has the right to dismiss after following a fair procedure and ensuring that the dismissal is for a fair reason. It is not reasonable to expect of an employer to retain the services of an employee who proves incapable of performing the job for which he or she was hired and is paid. ... RSA : Republic Of South Africa 3. Procedural fairness will be achieved by the employer following the procedures in this course. Home » BLOG » The stages in management of employee performance: a labour law perspective, Home » BLOG » Labour law articles » The stages in management of employee performance: a labour law perspective, Advocate M H Marcus discusses the need to apply a performance management process before considering dismissal for misconduct or incapacity. The first aspect to investigate is the alcohol or drug abuse aspect, and it will be found that, if these symptoms exist, they have been caused by some other problem that is a source of such concern to the employee, that the work performance has become affected. Poor work performance or failure by the employee to reach and maintain the employer's work performance … b)  Management of employee performance: 3 key principles dictate: Ø       The principle of mutual respect by the parties to an employment relationship. These influences take many forms – perhaps the employee has landed himself in heavy financial difficulty, very common), or is perhaps undergoing a messy divorce, or is having an affair and fears being discovered, or children doing badly at school, (even involved in drugs). Poor work performance can also be brought about – and indeed this is becoming a very common cause of poor work performance – by work related stress. Thus the only remaining option was dismissal. Bad or unacceptable, or a bad or unacceptable attitude – this falls within the definition o. In all cases, dismissal must be preceded by a fair procedure (procedural fairness) and the dismissal must be effected for a fair reason (substantive fairness.) Performance management also creates a need for management to consistently focus on company objectives and goals, and to consider how best to achieve them. Performance Management Development Courses in South Africa . Users will be able to log onto the system and see the current “status” of their performance / competence reviews and submit comments. Managing Performance … and the employer has the right to dismiss after following a fair procedure and ensuring that the dismissal is for a fair reason. or because the employer wished to save on his salary bill. Other employees complain continually about this person, and especially that " he is simply impossible, no person can get along with him and his attitude is unacceptable." I know and understand the contents of this condition of employment, and signify my agreement by appending my signature hereto below." An employee may be said to be incompatible for a number of reasons. For more information contact emailProtector.addCloakedMailto("ep_7c33f210", 1); The website is not compatible with this IE version,please upgrade to the latest version of Internet Explorer, Poor Work Performance falls under the broad heading of, 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, an ever increasing problem. A valid and … South Africa Achieve all Brands key performance management in south africa indicators and.... Disciplinary action would be giving all 45,000 … performance management is not to but! Be at the interview and selection stage not have to be ``. ``. ``. `` ``. Courses supplied by Six Sigma SA for him, ( that is, where incapacity applies,... 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