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Part 2: What can you do when an employee refuses an alternative to dismissal?

by , 02 October 2013
On Tuesday I told you about four alternatives to dealing with a poor performer instead of dismissing him... But what happens if he refuses any of the choices?

Basically, you can dismiss him. But before you do, you have to follow the right procedures... Keep reading to find out what you have to do...

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What can you do when an employee refuses an alternative to dismissal?
Before you dismiss the employee, you need to make sure of the following:
  • There's a performance standard in place;
  • The employee's aware of it;
  • The standard's been applied consistently;
  • The employee didn't comply with it;
  • The non-compliance is serious;
  • You've given the employee reasonable time to improve and comply; and
  • You've considered alternatives to dismissal.
If you're satisfied that you can answer 'Yes' to all of these questions, you can start the process to terminate the employee's services.
Be warned: If you go this route, have an HR person present to ensure everything proceeds properly.
Make sure you follow these five steps before you dismiss him though...
Do you have a poor work performer?
Here's what you need to do to dismiss him correctly without landing at the CCMA.
Find out more here.
Five steps to take before dismissing a poor performer
  1. Make sure he knows your performance standards beforehand. Include them in his contract of employment;
  2. Show him exactly where he's underperforming, and where his performance standard didn't meet the required level;
  3. Give him reasonable time to improve once he knows you're not happy with his performance and what you expect of him;
  4. Give him assistance to improve. Provide training if necessary, guide him and monitor him closely; and
  5. Make sure you keep any proof that dismissal is the only reasonable option.
If you're confident you've been fair and lawful when evaluating the employee's poor performance, have a hearing with him. Present all the proof you have that shows you're acting within the law, and that dismissal is the only action left.
Legally, dismissals are either 'fair' or 'unfair'… According to the Labour Relations Act, there are only three reasons for dismissal that are 'fair', which we cover in detail in the Labour Law for Managers. And even if you dismiss with due cause, if you don't follow the correct procedure, you'll end up at the CCMA – for sure! Click here to make sure you don't make a mistake when dismissing an employee...
Until next time,
Taryn Strugnell
P.S. Don't wait for a CCMA dispute to discover your company doesn't have a leg to stand on! Get your hands on the 50 documents CCMA Commissioner Barney Jordaan believes you can't run a company without…


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