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Don't confuse poor performance and misconduct - find out how they differ so you can avoid legal comebacks

by , 22 September 2014
Our labour experts conduct continuous research on how employers deal with employee issues in the workplace.

One thing they've found recently is that most employers confuse poor performance with misconduct and vice versa. And this can only mean one thing, these employers aren't dealing with poor performance and misconduct correctly and they're exposing themselves to labour disputes.

Don't make the same mistake.

Keep reading to find out the difference between poor performance and misconduct so you can deal with these employee issues correctly and avoid legal comebacks.


Discover the difference between poor performance and misconduct
 

If your employee fails to his job or part of his job to the standard you require, that's poor performance.

The Labour Law for Managers Loose Leaf Service explains that the focus is on the quality or quantity of your employee's work as compared to what you expect in respect of his behaviour. The focus may also be on the speed of the work or whether your employee is keeping to set deadlines.

Misconduct, on the other hand, is unacceptable behaviour by your employee or the breach of workplace rules.

If you have reasonable workplace rules about time keeping, attendance, honesty, safety or other conduct, your employee must stick to them. If he fails to do so, he's committing misconduct.

Here, the focus is on your employee's behaviour or conduct rather than on the quality or standard of his work.

*********** Hot off the press ************
 
Get rid of your poor performer without landing at the CCMA!

You can't afford to have poor performers in your company. But you also can't afford to be taken to the cleaners at the CCMA for dismissing incorrectly!

Find out how you to LEGALLY get rid of poor performers here.

*****************************************

 

Because poor performance and misconduct differ, the procedures for dealing with them are also different
 

If your employee's misconduct is serious and if dismissal is possible, you need to hold a disciplinary hearing. When it comes to poor performance, you must follow a poor performance management procedure.

You'll get all the information you need about disciplinary hearings and the poor performance management procedure in the Labour Law for Managers Loose Leaf Service.

Knowing the difference between poor performance and misconduct will ensure you deal with them correctly and avoid legal comebacks.
 
PS: We strongly recommend you check out the "You're Fired!" Your guide to substantive and procedurally fair dismissals. It has all the information you need to make sure your dimissals are legally compliant.



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