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

Codes of Good Practice

Dismissal based on Operational Requirements

Schedule 8

Part F - Incapacity

19. Unsatisfactory performance after probation

 

(1) After probation, an employee should not be dismissed for unsatisfactory performance unless—
(a) the employer has given the employee appropriate evaluation, instruction, training, guidance, or counselling; and
(b) after a reasonable period of time for improvement, the employee continues to perform unsatisfactorily.

 

(2) Before dismissing, the employer should give the employee an opportunity to respond to the allegations of unsatisfactory performance.