And most importantly, what is likely to be the extent of the damage if he can't handle it.?". It is not reasonable to expect of an employer to retain the services of an employee who proves incapable of performing the job for which he or she was hired and is paid. b)                 The second distinction operating in favour of effecting such dismissal prior to expiry of the probationary period is that labour law principles as reflected in paragraph 8 (3) of the Code expect of an employer to investigate alternatives prior to dismissing employees for unsatisfactory work performance, such as the possibility of slotting the incompetent employee, if willing, into a less demanding post, which would not be expected of an employer when dismissing a probationary employee for failing to meet the required performance standards. Ø       The distinction between misconduct and incapacity lies mainly in the “fault” element (in the form of intention or negligence) which characterizes misconduct. The objective in performance management is not to dismiss but to correct the defective performance [para.3 (2)]. South Africa ABSTRACT This article examines performance management in the South African Department of Labour looking at the roles of the national office, provincial offices and labour centres. What is vital in justifying a dismissal on completion of probation is that where the assessment proves negative, the respects in which the employee is failing to meet the standards be clearly spelled out to him and he be given an opportunity and assistance, if necessary, to get himself up to speed, to assess which a follow-up meeting should be scheduled. Subject to such compliance, the employee may be dismissed for incapacity after a hearing, if shown to be incapable of performing the work for which he was employed to the standards required. -performing or satisfactory employee suddenly "goes off the rails." And it is the difference that makes one employee compatible and another not compatible – a misfit. You don't quite know what the problem is, but you do know that "he has to go. Copyright © 2020 Bregman Moodley Attorneys | Designed By, The stages in management of employee performance: a labour law perspective, Specialist Divorce Lawyers In Johannesburg, The Prohibition of Unfair Discrimination in the Workplace. Industrial Relations (Natal). The COVID-19 pandemic has thrown performance management systems into chaos -- and the reactions have been telling. There is no law stating that all employees must be the same – some are different. a)  3 categories of dismissals are recognized by the Labour Relations Act 1995(“LRA”): dismissals for misconduct, incapacity and operational requirements. And if he can save money (or increase profits) without increasing his operating expenses ( such as extra staff)  – then why not ?? The first aspect to investigate is the alcohol or drug abuse aspect, and it will be found that, if these symptoms exist, they have been caused by some other problem that is a source of such concern to the employee, that the work performance has become affected. Informal advice and correction is the best and most effective way for an employer to deal with minor violations of work discipline” [Code; para.3 (3)]. ... RSA : Republic Of South Africa 3. There are many factors that can be the direct cause of it, or may contribute to it. Now, I don't want to tar everybody with the same brush, but generally, the  employer is in business for one reason and one reason only – namely to make money – to make a profit. In all cases, dismissal must be preceded by a fair procedure (procedural fairness) and the dismissal must be effected for a fair reason (substantive fairness.) The candidate signs and dates the condition in the presence of a witness. The reason is that poor work performance is usually not the fault of the employee, and the employee cannot be disciplined for something that is not his fault. Poor Performance Procedures Poor Work Performance falls under the broad heading of Incapacity. after a reasonable period of time for improvement, the employee continues to perform unsatisfactorily” [para 8 (2)]. Procedural fairness will be achieved by the employer following the procedures in this course. It is implicit in all employment contracts that the employee undertakes to perform according to the reasonable, lawful and attainable work performance standards set by the employer. the interview and selection stage. One of the main purposes of the Signify Performance Management System is to formalise and automate the agreement process (goal-setting) between the employee and the manager – in line with business … Company Law (Wits), Post grad. Poorly qualified candidates or candidates who lack the inherent requirements to do the job should never be employed unless the employer intends to fully train that candidate, or in cases of a recognize, Only suitably qualified candidates should be. The West Rand District Municipality (WRDM) is a Category C Municipality, located on the South Western edge of Gauteng Province of South Africa. The most common causes of poor work performance have been stated above, and it is sometimes found that a previously. Establishing that the problem is poor performance and not misconduct. This refers to stress caused by the job requirements. The standard performance management procedures at the individual level are:  Probation,  Performance agreement,  Personal development planning & core competency assessment,  … Ø       “Formal procedures do not have to be invoked every time a rule is broken or a standard not met. Precautions here would include a declaration to be signed by all candidates that he/she warrants that they are free of any form of addiction to alcohol or to any type of  habit-forming drug, or any substance having a narcotic producing effect, and that they do not use any form of habit-forming drug or any substance having a narcotic producing or habit-forming effect, socially or otherwise,  except as prescribed by a medical practitioner who is qualified and certified to prescribe such substances for medicinal purposes, and who is qualified and certified to diagnose and treat patients. This course will help you design or improve your performance management to ensure it is producing the quantitative … Performance Management redirects our efforts from busyness toward effectiveness. LLB, Higher Dip. Should it at any time during the tenure of the employment contract be found that the contrary is the case, disciplinary action will be taken which will lead to dismissal. Performance Management 2-day course The course is aimed at giving managers a practical understanding of performance management so that it adds value in their jobs. And if he can save money (or increase profits) without increasing his operating expenses, allocate extra duties to an employee because he is performing well in his new job, or because "he's a good guy". The HR Manage Performance Management System is an extensive Web and Windows based system for setting up and managing employee’s performance. Performance management is created and designed to promote and improve employee effectiveness and the overall development of the organisation. The research objective was to identify the problems and obstacles in implementing both the organisational and individual performance management … Bad or unacceptable behaviour or a bad or unacceptable attitude – this falls within the definition of "incompatible". Ø       Important distinctions exist in the manner in which these 2 types are addressed, where misconduct is applicable, by the application of disciplinary action and in case of incapacity, by performance management processes. These influences take many forms – perhaps the employee has landed himself in heavy financial difficulty, very common), or is perhaps undergoing a messy divorce, or is having an affair and fears being discovered, or children doing badly at school, (even involved in drugs). This programme offers a focused and applied specialisation in performance analytics, total remuneration and people management modules appropriate to the needs of South Africa and other emerging … Other points of interest regarding probation: Ø       Unfair conduct relating to probation or training has been added to the existing categories of unfair labour practice by the August 2002 amendments to the LRA. Extra duties must be allocated to an existing employee only because the employer and the employee both agree that he is capable of taking on those extra tasks, can handle those extra tasks as well as his existing tasks jointly, according to the employer's required work performance standards, and a suitable adjustment to the employee's salary and benefits must be agreed to. Those are all recipes for disaster. Or is it going to be too much for him ? Extra duties must be allocated to an existing employee only because the employer and the employee both agree that he is capable of taking on those extra tasks, can handle those extra tasks as well as his existing tasks jointly, according to the employer's required work performance standards, and a suitable adjustment to the employee's salary and benefits must be agreed to. If opted for by the employer as I recommend it should be, a probationary period of reasonable duration to achieve its purpose should be written into the contract of employment or appointment letter. "Give it to so-and-so – that guy is really good – he won't mind.". Be careful never to employ a person whom you suspect may be a heavy drinker, an alcoholic, or addicted to any substance having a narcotic producing effect. Only suitably qualified candidates should be short-listed, and even with learnerships it should be established that the candidate does have at least a reasonable chance of success before employment is agreed to – in other words, he should possess at least the basic ability to perform the inherent requirements of the job, which can be developed by further training. Purpose: This module will be useful to students who need to develop a detailed, well-rounded and systematic knowledge base about performance management, and the evaluative and developmental … Performance management during probation – Evaluation of employee’s performance Paragraph 8 (1) (e) of the Code requires that the employee’s performance during probation be … Users will be able to log onto the system and see the current “status” of their performance / competence reviews and submit comments. I mentioned that the LRA accepts the employee`s incapacity to perform the job as a valid ground for dismissal, subject to compliance with the guiding principle in para 8 (2) of the Code cited earlier. The first aspect to investigate is the alcohol or drug abuse aspect, and it will be found that, if these symptoms exist, they have been caused by some other problem that is a source of such concern to the employee, that the work performance has become affected. This amendment is in line with my award in the Grace Hotel arbitration some years back, where I pointed out that the flaws inherent in the recruitment and selection process, which is far from being a perfect or scientific one, would naturally lead to errors in recruitment of staff which are to an extent ameliorated by the Code’s recognition of a probationary period, the legitimate purpose of which is stated to be “to give the employer an opportunity to evaluate the employee’s performance before confirming the appointment ” [para.8 (1) (b)]. The candidate agrees that any offer of or assistance towards any aspect of rehabilitation shall be at the sole discretion of the employer. Course overview … Ø       Failures or shortfalls in employee performance could arise from misconduct orincapacity. In our Performance Management Courses in South Africa (Johannesburg, Cape-Town, Durban, Pretoria) delegates will learn the process of conducting meetings and writing performance … Home » BLOG » The stages in management of employee performance: a labour law perspective, Home » BLOG » Labour law articles » The stages in management of employee performance: a labour law perspective, Advocate M H Marcus discusses the need to apply a performance management process before considering dismissal for misconduct or incapacity. Agree on a reasonable time period for improvement. Operational Performance Management and Development . Performance Management is an ongoing process . Some of these are: Lack of training, qualifications and experience. Thus the only remaining option was dismissal. However, in that dismissal for incapacity is not disciplinary in nature (see above) and is premised on the employee`s incapability of performing the job for which he or she was hired, principles of logic and equity dictate that the employer attempts to find alternatives to dismissal by, for instance, offering the employee an alternative less demanding post in which s/he is capable of performing if a suitable alternative post is available, even if this would mean a demotion from her incumbent post. Further alternatively the enquiry could address both possibilities. An employee may be said to be incompatible for a number of reasons. Where it is believed there exists a realistic prospect of improvement in performance, the enquiry would be to consider the possibility of extending the probationary period as an alternative to dismissal, premised on the possibility of the employee still being able to prove himself up to the job. or because the employer wished to save on his salary bill. The content of this web site does not constitute legal advice, nor does it necessarily reflect the views of the directors of Bregmans Moodley Attorneys Inc or their associates, contributors, authors or suppliers. Performance management also creates a need for management to consistently focus on company objectives and goals, and to consider how best to achieve them. In March, Facebook announced that it would be giving all 45,000 … Treating the other party with mutual respect is stated in the introduction to theCode of Good Practice for Dismissals, Schedule 8 to the Labour Relations Act 1995, to be a key principle underlying the Code. It is implicit in all employment contracts that the employee undertakes to perform according to the reasonable, lawful and attainable work performance standards set by the employer. Challenge 1 Lack of Alignment. Definitions “accounting officer” (a) in relation to a municipality, means the municipal official referred to in section … Performance management will remain on the agenda in many corporate meetings, and will be a key concern for South African HR practitioners and managers for many years to come. … Ø       Dismissal for unsatisfactory performance or incapacity to perform is the step of last resort in the management of employee performance. Substantive fairness is achieved by the employer proving that the employee actually failed to meet the work performance standard, despite having been given the necessary evaluation, counselling, training and guidance and despite having been afforded a reasonable time period in which to attain and maintain the required standard. It is also easier in the nature of things to make out a credible case for the dismissal of a probationary employee for unsatisfactory performance than it would be in the case of a long standing employee whose performance has been accepted by the employer for some years. it should be established that the candidate does have at least a reasonable chance of success before employment is agreed to – in other words, he should possess at least the basic ability to perform the inherent requirements of the job, which can be developed by further training. The candidate signs and dates the condition in the presence of a witness. b)  Management of employee performance: 3 key principles dictate: Ø       The principle of mutual respect by the parties to an employment relationship. the selection, description and management of quality and credible performance indicators for managing the organisation’s business strategy, linked to government-wide strategies, and devolving PI management … A        Introduction: identifying the need for the application of a performance management process, C        Dismissal for incapacity after expiry of the probationary period. Seldom, if ever, does the employer give any meaningful thought or serious consideration to the aspect of "Can he really handle it to the benefit of the company and himself.? discovered that his wife is having an affair, or the terminal illness of a loved one, the recent sudden death of a much loved family member, and so on. Where it is assessed that the chances of further improvement are slim or unrealistic, the purpose of the enquiry would be merely to consider the termination of the probationer `s employment for failing to meet the required standards. The need for someone to do the extra jobs can also result from the employer obtaining a greater market share, or from an increased demand for his products or services. The Constitution of South Africa (1996), Section 152, dealing with the objectives of local government paves the way for performance management with the requirements for an “accountable government”. The candidate should sign this declaration with the words : " I know and understand the contents of this condition of employment, and signify my agreement by appending my signature hereto below." The most common causes of poor work performance have been stated above, and it is sometimes found that a previously good-performing or satisfactory employee suddenly "goes off the rails." Should the employee fail in this duty, then he is said to be ". " Users will be able to log onto the system and see the current “status” of their performance / competence reviews and submit comments. Counseling Procedure – Incapacity - Poor Performance, Incompatibility is not a reason within itself, LRA provides strong protection for sick, disabled. Bad or unacceptable, or a bad or unacceptable attitude – this falls within the definition o. The aim of this article is to assess the degree to which performance management has been implemented at the West Rand District Municipality. This continual revisiting of goals … given the employee appropriate evaluation, instruction, training, guidance or counselling and. As with most important things in life, nothing is guaranteed – but in our view, these procedures come as near to achieving procedural fairness as can possibly be done. The HR Manage Performance Management System is an extensive Web and Windows based system for setting up and managing employee’s performance. South Africa Tel: +27 12 315 5948 Fax: +27 12 315 5126 The Framework for Managing Programme Performance Information is also available on www.treasury.gov.za Layout: National Treasury … If the failure to perform is attributable to misconduct, disciplinary action would be appropriate. For more information contact emailProtector.addCloakedMailto("ep_7c33f210", 1); The website is not compatible with this IE version,please upgrade to the latest version of Internet Explorer, Poor Work Performance falls under the broad heading of, Poor work performance or failure by the employee to reach and maintain the employer's work performance standards in terms of quantity and quality of output, an ever increasing problem. Poor work performance or failure by the employee to reach and maintain the employer's work performance … The Solution (Performance Management Training Course: Johannesburg (Sandton), Cape Town, Durban, Port Elizabeth, Pretoria – South Africa) The course (Performance Management Training Course) aims to teach the skills of: o Formulating performance … Generally, this should be established at the interview and selection stage. See the List of Business Courses supplied by Six Sigma SA . These extra jobs can also result from the resignation or dismissal of another employee, and the employer sees a chance to "save some cash" by palming the jobs off onto other employees. And it is the difference that makes one employee compatible and another not compatible – a misfit. Where the dismissal takes place during or on expiry of probation, the Code now directs the arbitrator of such a dismissal dispute “to accept reasons for dismissal that may be less compelling than would be the case in dismissals effected after completion of the probationary period” [para.8 (1) (j)], an innovation added to the Code with the August 2002 amendments to the LRA. Inform management of any store maintenance or Health and Safety issues which might lead to accidents. The candidate agrees that any offer of or assistance towards any aspect of rehabilitation shall be at the sole discretion of the employer. Managing Performance … Fundamentally, to conduct a valid and … Should the employee fail in this duty, then he is said to be "incapable" and the employer has the right to dismiss after following a fair procedure and ensuring that the dismissal is for a fair reason. There is a mix of theory, discussions and practical illustrations of how performance management … Even though every endeavour has been made as to the accuracy of the information, we cannot be held responsible for any errors and/or omissions. There is no law stating that all employees must be the same – some are different. ", Procedural and Substantive fairness in dismissal. Para 8 (3) of the Code requires the employer, before dismissing, to “consider other ways, short of dismissal, to remedy the matter”, which is one of the differences from the treatment of probationary dismissals earlier highlighted. Save my name, email, and website in this browser for the next time I comment. and the employer has the right to dismiss after following a fair procedure and ensuring that the dismissal is for a fair reason. Our comprehensive performance management methodology integrates value drivers as perceived by stakeholders, strategy, performance measures, as key performance indicators at organisation level, as … Described as a continuous process, whereby general … The candidate should sign this declaration with the words. " Performer, Supply Chain Manager, Operations Associate and more on Indeed.com Performance Management System Jobs - December 2020 | Indeed.com South Africa Performance management is a strategic approach to management that equips leaders, managers, workers and stakeholders at different levels with a set of tools and techniques to regularly plan, … The Performance Management and Development System (PMDS) is probably one of the most contested systems implemented in the South African public service. performance management is a tool that assists municipalities to continuously monitor performance and evaluate in order to be effective. Labour Guide. But we do know that the persons behaviour, his attitude, his way of doing things, his rebellion or whatever it is must be addressed. The first challenge is the lack of alignment due to various … Poor Performance Procedures No excuses for poor performance LRA provides strong protection for sick, disabled Incompatibility is not a reason within itself Handling Poor Work Performance Counseling Procedure – Incapacity - Poor Performance Poor Performance All Rights Reserved. I would prefer to let the initial assessment wait a month or so to enable the employee to familiarize himself and find his feet before the first assessment, but there are no hard and fast rules in such matters. I know and understand the contents of this condition of employment, and signify my agreement by appending my signature hereto below." The employee would be entitled to internal representation and to make representations against his dismissal. By Advocate M H Marcus B Comm. These influences take many forms – perhaps the employee has landed himself in heavy financial difficulty ( very common), or is perhaps undergoing a messy divorce, or is having an affair and fears being discovered, or children doing badly at school, (even involved in drugs) ,perhaps has discovered that his wife is having an affair, or the terminal illness of a loved one, the recent sudden death of a much loved family member, and so on. Bregman Moodley Attorneys Inc. 2015/089214/21, Physical Address: Suite 314, 3rd Floor, Office Towers, Killarney Mall, 60 Riviera Road, Killarney, Johannesburg, South Africa, Associates: Melani Scholtz, Sasha Goldstein & Abdul Buckus. 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