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When is it acceptable to dismiss an employee who isn't on probation?

by , 06 February 2014
Dismissing an employee who isn't performing isn't a simple process. Failure to follow the correct procedure could land you at the CCMA for unfair dismissal. Don't take that risk. Read on to find out what the law says about dismissing an employee who isn't on probation.

Want to dismiss an employee who isn't on probation? Consider these points first…

Labour law has the following to say about dismissing an employee who isn't on probation

Before you dismiss an employee who isn't on probation, find out reasons for the unsatisfactory performance.

After this, consider ways other than dismissal to remedy the situation.

This means you must train your employee properly and counsel him.

It's important that you allow your employee a reasonable time to improve his performance.

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What's a reasonable time to improve performance?

What's reasonable will depend on the nature of the job.

For instance, you can't expect your sales person to significantly improve his performance in a week. Giving him a month, a quarter or even longer in some cases is more appropriate.

On the other hand, if your employee is involved in the production of a specific product (such as a garment), you may be able to measure an increase in production output and quality on a weekly or even a daily basis.

The Labour Law for Managers Loose Leaf Service says 'if your employee fails to perform satisfactorily after you have taken these steps, it will generally be safe for you to dismiss.'

The important thing here is dismissal must be fair. This applies when you want to dismiss whether your employee is on probation or not.

Following the correct procedure will help ensure you avoid an unfair dismissal case.

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