Nope – you can't fire him. In fact if you do, you'll find yourself with a one-way ticket to the CCMA.
You have to follow these three simple steps before you fire him... No matter what your employment contract says!
Do you have a poor performer?
Here's what you need to do to dismiss
him correctly without landing at the CCMA.
Steps you must follow before you can show the non-performing salesman the door
1) You need to counsel him. Tell him he's not meeting the targets he's agreed to. Show him reports or stats to prove he isn't performing. Ask him why. Find out If there's something you can do to help him. Then agree on what the new target is and how he'll get there. Give him a date he has to reach it by. Also tell him what support and resources he can use to help him meet his targets.
2) If he still doesn't meet his targets, set up another counselling session. Once again, you have to set another agreed date and targets for him to meet. Tell him again, what support he can get from you, or any other business tool you might have.
And if he still doesn't reach his target, you'll have to follow your disciplinary route I'm afraid. Give him notice to attend an incapacity enquiry and hold the enquiry. Don't treat this step as discipline, because it isn't. It's a meeting to see if he's able to carry out the job.
Keep reading for the final step...
Final step to show the poor performer the door
3) If you find he can't do the job, and you can't put him in another position in the company, well then you can let him go. This'll be incapacity because he can't do the actual job and reach the targets set. Just make sure you follow a proper incapacity procedure and keep comprehensive notes and records of what you did and what you discussed with him.
So you can give him his walking papers – but since he was such a good salesman to start with, try get him to up his game instead. Find out what's holding him back and what you can do to help him get back to where he was. For more detail on how to follow the correct incapacity procedure, go to chapter I08 in your Labour Law for Managers Handbook
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