Disciplinary action is never applied in cases of poor work performance. The aim of this article is to assess the degree to which performance management has been implemented at the West Rand District Municipality. ", Procedural and Substantive fairness in dismissal. The COVID-19 pandemic has thrown performance management systems into chaos -- and the reactions have been telling. Poor Performance Procedures No excuses for poor performance LRA provides strong protection for sick, disabled Incompatibility is not a reason within itself Handling Poor Work Performance Counseling Procedure – Incapacity - Poor Performance Poor Performance Poor Work Performance falls under the broad heading of Incapacity. Even though every endeavour has been made as to the accuracy of the information, we cannot be held responsible for any errors and/or omissions. There are many factors that can be the direct cause of it, or may contribute to it. Performance Management 2-day course The course is aimed at giving managers a practical understanding of performance management so that it adds value in their jobs. I know and understand the contents of this condition of employment, and signify my agreement by appending my signature hereto below." And it is the difference that makes one employee compatible and another not compatible – a misfit. Performance management will remain on the agenda in many corporate meetings, and will be a key concern for South African HR practitioners and managers for many years to come. Should the employee still prove incapable of performing to the required standards, the next stage will be an enquiry to be held before expiry of the probationary period which could take either or both of two forms. By Advocate M H Marcus B Comm. You don't quite know what the problem is, but you do know that "he has to go. Establishing that the problem is poor performance and not misconduct. It does not quite fit the requirements of misconduct, and does not fall under operational requirements. 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. The candidate should sign this declaration with the words. " See our privacy policy. Should it at any time during the tenure of the employment contract be found that the contrary is the case, disciplinary action will be taken which will lead to dismissal. b)                 The second distinction operating in favour of effecting such dismissal prior to expiry of the probationary period is that labour law principles as reflected in paragraph 8 (3) of the Code expect of an employer to investigate alternatives prior to dismissing employees for unsatisfactory work performance, such as the possibility of slotting the incompetent employee, if willing, into a less demanding post, which would not be expected of an employer when dismissing a probationary employee for failing to meet the required performance standards. Company Law (Wits), Post grad. The employee would be entitled to internal representation and to make representations against his dismissal. 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. Ø       Failures or shortfalls in employee performance could arise from misconduct orincapacity. Copyright © 2020. The Performance Management and Development System (PMDS) is probably one of the most contested systems implemented in the South African public service. a)  3 categories of dismissals are recognized by the Labour Relations Act 1995(“LRA”): dismissals for misconduct, incapacity and operational requirements. All Rights Reserved. The objective in performance management is not to dismiss but to correct the defective performance [para.3 (2)]. 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. Bregman Moodley Attorneys Inc. 2015/089214/21, Physical Address: Suite 314, 3rd Floor, Office Towers, Killarney Mall, 60 Riviera Road, Killarney, Johannesburg, South Africa, Associates: Melani Scholtz, Sasha Goldstein & Abdul Buckus. Substantive fairness is achieved by the employer proving that the employee actually failed to meet the work performance standard, despite having been given the necessary evaluation, counselling, training and guidance and despite having been afforded a reasonable time period in which to attain and maintain the required standard. Informal advice and correction is the best and most effective way for an employer to deal with minor violations of work discipline” [Code; para.3 (3)]. Obviously this would require that the employee accepts the lesser post offered her. The need for someone to do the extra jobs can also result from the employer obtaining a greater market share, or from an increased demand for his products or services. Purpose: This module will be useful to students who need to develop a detailed, well-rounded and systematic knowledge base about performance management, and the evaluative and developmental … It is implicit in all employment contracts that the employee undertakes to perform according to the reasonable, lawful and attainable work performance standards set by the employer. 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. And if he can save money (or increase profits) without increasing his operating expenses ( such as extra staff)  – then why not ?? South Africa ABSTRACT This article examines performance management in the South African Department of Labour looking at the roles of the national office, provincial offices and labour centres. The candidate agrees that any offer of or assistance towards any aspect of rehabilitation shall be at the sole discretion of the employer. 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. 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. Performer, Supply Chain Manager, Operations Associate and more on Indeed.com Performance Management System Jobs - December 2020 | Indeed.com South Africa "Give it to so-and-so – that guy is really good – he won't mind.". it should be established that the candidate does have at least a reasonable chance of success before employment is agreed to – in other words, he should possess at least the basic ability to perform the inherent requirements of the job, which can be developed by further training. Operational Performance Management and Development . Should the employee fail in this duty, then he is said to be ". " given the employee appropriate evaluation, instruction, training, guidance or counselling and. 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. Poorly qualified candidates or candidates who lack the inherent requirements to do the job should never be employed unless the employer intends to fully train that candidate, or in cases of a recognize, Only suitably qualified candidates should be. The reason is that poor work performance is usually not the fault of the employee, and the employee cannot be disciplined for something that is not his fault. Performance Management is an ongoing process . The most common cause is the situation where a very good employee – a star performer – is, over time, given extra duties to handle and extra jobs to do for no other reason that "he can handle it." Agree on a reasonable time period for improvement. and the employer has the right to dismiss after following a fair procedure and ensuring that the dismissal is for a fair reason. b)  Management of employee performance: 3 key principles dictate: Ø       The principle of mutual respect by the parties to an employment relationship. Performance management is created and designed to promote and improve employee effectiveness and the overall development of the organisation. The candidate signs and dates the condition in the presence of a witness. The candidate signs and dates the condition in the presence of a witness. Further alternatively the enquiry could address both possibilities. Performance Management Development Courses in South Africa . Employers must never allocate extra duties to an employee because he is performing well in his new job, or because "he's a good guy" , or because the employer wished to save on his salary bill. Ø       Another innovation introduced in August 2002 amendments, the “con-arb” process combining the conciliation and arbitration of arbitrable disputes into one process, is compulsory for unfair labour practice and unfair dismissal disputes pertaining to probation ( in case of other such disputes not pertaining to probation, either party can decline the “ con-arb ” process by lodging a written objection ). And it is the difference that makes one employee compatible and another not compatible – a misfit. The most common causes of poor work performance have been stated above, and it is sometimes found that a previously. 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.) Ø       The distinction between misconduct and incapacity lies mainly in the “fault” element (in the form of intention or negligence) which characterizes misconduct. Fundamentally, to conduct a valid and … Ø       Dismissal for unsatisfactory performance or incapacity to perform is the step of last resort in the management of employee performance. Only suitably qualified candidates should be short-listed, and even with learnerships it should be established that the candidate does have at least a reasonable chance of success before employment is agreed to – in other words, he should possess at least the basic ability to perform the inherent requirements of the job, which can be developed by further training. Those are all recipes for disaster. Poorly qualified candidates or candidates who lack the inherent requirements to do the job should never be employed unless the employer intends to fully train that candidate, or in cases of a recognized learnership. 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. Or is it going to be too much for him ? His attendance or timekeeping may also suffer. But we do know that the persons behaviour, his attitude, his way of doing things, his rebellion or whatever it is must be addressed. Paragraph 8 (1) (e) of the Code requires that the employee’s performance during probation be assessed and evaluated. Course overview … Should it at any time during the tenure of the employment contract be found that the contrary is the case, disciplinary action will be taken which will lead to dismissal. Challenge 1 Lack of Alignment. It is implicit in all employment contracts that the employee undertakes to perform according to the reasonable, lawful and attainable work performance standards set by the employer. If not or when uncertain, (that is, where incapacity applies), the employer should have resort to performance management procedures. In March, Facebook announced that it would be giving all 45,000 … This course will help you design or improve your performance management to ensure it is producing the quantitative … 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. LLB, Higher Dip. 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