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Labour Relations Act, 1995 (Act No. 66 of 1995)

Schedules

Schedule 8 : Code of Good Practice: Dismissal

9. Guidelines in cases of dismissal for poor work performance

 

 

1) 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.