Incapacity Poor Performance - Process Guideline
There is not just one way of addressing the issue of Incapacity Poor Performance in the workplace, but there are statutory provisions and guidelines that must be adhered to, particularly if it results in the dismissal of an under-performing employee. There can be many blurred lines and confusing issues that may make it difficult for an employer to ascertain the way forward - even seasoned HR practitioners often struggle with this.
Our Process Guideline explains the legal requirements, practical considerations and recommended procedures.
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Incapacity Poor Performance
Pdf document - 8 pages
Copyright - Judith Griessel - All rights are reserved. This licence is for one download and use. The document may not in any way be copied, distributed or disseminated.
Outline
INVESTIGATION
Existence, extent and reasons for the under-performance
DIFFERENT PROCESSES
Misconduct v Incapacity
LEGAL REQUIREMENTS FOR A FAIR INCAPACITY POOR PERFORMANCE DISMISSAL
Fairness – Substantive and Procedural fairness requirements
THE WHAT, THE WHY, THE HOW
Formal Process – Preliminary considerations
Nature, elements and structure of formal process
Principles and considerations for formal process
FORMAL PROCESS FLOW – Stages 1-3 (or more)
FORMAL INCAPACITY ENQUIRY (OR ARBITRATION)
Preparation for enquiry
The Enquiry
Substantive fairness
Fair opportunity
The way forward
Employee’s response
The Decision