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I would like to meet with you so that you can give me your response to my preliminary view on your performance and my preliminary decision to terminate your employment on notice on date at time and place. At our meeting I will be accompanied by name, position title.
Dismissing an employee for underperformance You must have a valid reason for the dismissal relating to the employee's capacity or conduct, and follow a fair performance management and dismissal process. Employers cannot dismiss their employees in circumstances that are harsh, unjust or unreasonable.
Repeated negligent performance after prior warning or reprimand and in substantial disregard of the employer's interests is misconduct where the employee has the ability and capacity to perform satisfactorily.
The causes that are grounds for dismissal run the gamut including: illegal activity such as stealing or revealing trade secrets, dishonesty, breaking company rules, harassing or disrupting other workers, insubordination, excessive unexcused absences, and poor job performance by some objective measure.
6 vital steps before terminating an employee for poor performanceWrite down everything. Documentation is key.Clearly communicate expectations. For every job, you should have a job description.Be a good coach.Initiate a performance improvement plan (PIP)Conduct a verbal counseling.Conduct a written counseling.
Misconduct differs from poor performance. Misconduct involves intentional or negligent conduct (such as not caring enough to be on time to work), whereas poor performance is actually doing the job poorly. Being late isn't doing the job.
Employees' level of work performance is a crucial factor in the advancement of South Africa's economy and in the success of each enterprise. This is one reason why the law allows employers to dismiss employees who fail to perform according to performance standards.
Many employers consider poor performance to be just cause to terminate an employee. And while this is technically correct, the threshold for just cause for poor performance under the Employment Standards Act is higher than you might think.
If you need to terminate an employee for poor performance, you'll need to create a simple termination letter that protects you as an employer. Since disgruntled former employees can and often do use anything you put in writing to take legal action, keep the letter simple and straightforward.