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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.
: 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
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
Make sure he knows your performance standards beforehand. Include them in his contract of employment;
Show him exactly where he's underperforming, and where his performance standard didn't meet the required level;
Give him reasonable time to improve once he knows you're not happy with his performance and what you expect of him;
Give him assistance to improve. Provide training if necessary, guide him and monitor him closely; and
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.
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,
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