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Never do these two things when dismissing an employee for poor performance

by , 23 July 2014
You must tread carefully when dismissing an employee for poor performance.

By this we mean you must legally dismiss your employee.

If you don't, you could find yourself at the CCMA. And if you lose your case, you'll have to pay thousands as compensation to your employee.

Are you prepared to take that risk? We don't think so.

Read on to discover two things you must never ever do when dismissing your employee for poor performance so you can legally dismiss employees who are poor performers and avoid paying 12 to 24 months' salary as compensation!


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Two no-no's when dismissing an employee for poor performance


#1: Never fail to ensure you follow the correct procedures relating to probation


If the contract states a three-month probation period, this doesn't mean that at the end of three months you can simply terminate your employee's employment.


You must follow a guidance, training and counselling process and give your employee an opportunity to make representations about his performance before you terminate his employment.


The Labour Relations Act (LRA) makes it clear that you must give your employee every opportunity to meet the standards you require. What's more. Your employee has a right to know why you're terminating his employment.


#2: Never leave the room without ensuring your employee signs a termination agreement


When dismissing an employee for poor performance, there should be some consensus between the two of you that there's no other solution but to terminate.


It doesn't matter if it's an incapacity dismissal related to probation or a more complex termination of an employee who after probation fails to meet the standard you require.


If you both agree, then it shouldn't be difficult to arrange a proper termination agreement and you'll avoid any possibility of your employee referring a dispute to the CCMA later.


There you have it: We've just scratched the surface with these two no-no's. Check out the Practical Guide to Human Resources Management for a complete list of what you must never do when dismissing a poor performer so you can legally dismiss them and avoid compensation costs.




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