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6 Steps to make sure you get rid of a poor performer legally...

by , 11 February 2016
There's no denying it. It's a huge temptation to just dismiss an employee who isn't performing in his job. But be careful... You can't just act like a bull in a china shop and fire everyone who isn't up to scratch!

Dismissing an underperforming employee isn't a straightforward process. And without a proper performance management process in place, you could leave yourself wide open to an unfair dismissal case!

Even if you raise the issue with your employee, and even if you give him a warning, you still have to give him every chance to lift his game. Otherwise, his dismissal could be unfair!

Use these 6 steps to make sure this never becomes a problem...

Checklist: 6 Questions that must be answered at a poor performance hearing
  • Is a performance standard in place?
  • Was the employee aware of it?
  • Is there proof of a failure to meet the standard?
  • Is the under-performance serious?
  • Have you given the employee proper evaluation, instruction, training, counselling, guidance and a reasonable period for improvement?

If you answer 'yes' to all of the above questions (on a balance of probabilities), you can conclude your employee is unfit for his position and can take the correct steps to dismiss him.

Then only one more question remains. Find out what it is in the Labour Law for Managers Practical Handbook.
Step #1: Tell him what his job is – the job description
This is the first step in the employment and performance management process. You must discuss everything about his job.

Step #2: Give him the tools and training he needs
Ensure he goes on your orientation training program. Where you don't have a formal one, assign him to a person who's competent in the processes and systems. Or let him spend time with you to learn.

Step #3: Give him the opportunity to perform
After you give him his job description, explain all aspects of it to him, and give him the necessary training. He's now ready to do the job. He'll then gain experience in the job over time. You need to monitor him as much as possible.

Keep reading for the next 3 steps…
Are you still paying a salary to that glorified paper-shuffler?

Before you throw your hands up in despair, come meet me for a couple of hours, and I'll show you:

•    The correct and legal process to follow when you have a poor performer
•    What you must do when your employee just isn't capable of doing the job
•    How to legally dismiss him when he doesn't perform
•    How to build a solid portfolio of evidence that can win any case at the CCMA
•    And much more…

Here's how!

Step #4: Follow a proper appraisal process
If all key areas and tasks have standards of performance you've clearly communicated to the employee, then performance evaluation isn't difficult. Employees like to know what their bosses think of their performance.

Step #5: Keep written records
You must minute the results of the appraisal. Sign it and get your employee to sign it too.
This is important, because if you transfer or leave the company, your replacement can refer to the previous minutes. This will ensure continuity of the performance management process. If

Step #6: Reward employees appropriately
'What's in it for me?' is the bottom line for most employees. The ultimate goal of performance management's to reward good performance. You employ people to do outstanding work, to achieve 110% of the results you require. This creates a culture of quality. If the evaluation's poor, then you must tell the employee his performance is inadequate. You must never reward poor performance!

But how do you keep track of employees and their performance? With the only Human Resources management software that simplifies the whole process for you, of course...

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