Don't leave company practice 'open to interpretation' ever again
These days, handling employee issues is a nightmare!
You need to ensure your company's outlined a policy and procedure for just about everything!
From the use of social media
sites like Facebook and Twitter to smoking; anti-bribery; corruption; drug and substance abuse; family responsibility leave; recruitment, promotions, and demotions.. And more – if you haven't covered your bases, HR issues like these are a minefield waiting to blow up in your face.
And, most of the time, it will happen when you receive a notice to attend a CCMA process. But it doesn't have to be that way for you...
Keep your star performer, he's probably feeling overwhelmed and would prefer his old job back
If the position seems out of Peter's league, and he just isn't performing up to standard in the new position, you need to remove him from the position; but not necessarily dismiss
You may ask him to accept a demotion to a lower position, such as his previous one where he has the skills and ability to perform. Or let him know that if you go down the incapacity for poor performance route, he could be dismissed. But you must get him to sign that he agrees to the demotion. The document must say he's doing this of his own free and is accepting demotion as an alternative to dismissal.
Provided this is indeed a fair alternative, the employee may choose to be demoted rather than dismissed, especially in our climate of high unemployment.
But, it's important that if the guilty employee prefers demotion, get him to sign a document saying that by signing the document he confirms he's willingly choosing demotion as an alternative to dismissal.
The Labour Law for Managers Handbook
has full details on demotions and how to demote an employee legally. Still not a subscriber? Click here now!
Need all the sample forms, templates and checklist to manage a poor performer? We've got just the thing…