Fair Firing

Dismissal for poor performance must be handled carefully

- Ivan Israelstam

While the law allows employers to decide what the proper standards of performance are, the employer will, if taken to the CCMA, be required to prove the fairness of the dismissal.

Employers must therefore ensure that their performance management systems and practices are designed to enable the employer to prove at arbitration that:

• the employee knew what the required performance standard was.

• the standard was realistically achievable.

• the employee was given sufficient opportunity to achieve the standard.

• it was the employee’s fault that he or she failed to achieve the standard.

Make a plan

How must the employer’s systems be geared to provide legal proof in these four areas?

Did the employee know what the performance standard was? 

The employee’s signed employment contract or performance agreement must spell out that, for example, he or she is required to make 10 sales per month, reach R2 million turnover per year, pack 100 boxes per month or make three widgets per hour.