Any person determining whether a dismissal for poor work performance is unfair should consider—
| (a) |
whether or not the employee failed to meet a performance standard; and |
| (b) |
if the employee did not meet a required performance standard whether or not— |
| (i) |
the employee was aware, or could reasonably be expected to have been aware, of the required performance standard; |
| (ii) |
the employee was given a fair opportunity to meet the required performance standard; and |
| (iii) |
dismissal was an appropriate sanction for not meeting the required performance standard. |
Contingency Fees Act, 1997
