Dear Reader

Welcome to your latest Labour Bulletin.

Here at Fleet Street we make it our business to keep on top of what’s going on in our particular area of expertise. This includes attending conferences. Now, I know some people can’t think of anything more boring, but I actually enjoy them and going to them means I can keep you up-to-date on the changes in the world of Labour Law.

The conference I was at yesterday brought up the issue of compensation for a poor performer who’d been dismissed. I remembered one of our subscribers had a similar problem…

Can I ask my poor performer to resign?

Question

My sales representative isn’t reaching her sales targets, and I need to replace her with someone who will perform to the required standards.

Can I request she resign and work out her one-month notice period? Or should I negotiate a settlement package as I wish to terminate the employment contract?

Answer

Try and negotiate with the employee that she resign and agree on an exit package but make it clear that if she refuses you will follow the proper procedure. Remember that she may not claim UIF if she resigns.
 
If she refuses to resign, it will be up to you to dismiss her for poor performance. Ensure you follow the correct procedures to do so or you won’t be able to defend your decision if she refers an unfair dismissal claim. 

Remember: You must treat poor performance differently from those guilty of misconduct!

You must follow the correct procedure for poor performance. This is a different disciplinary procedure to when your employee commits misconduct, such as theft or insubordination. Find out exactly how to discipline poor performers in your Labour Law for Managers Loose Leaf and make sure you won’t have to pay or rehire that chap who added no value to your company! 

Sometimes a poor performer just needs a nudge in the right direction…

In some cases poor performance can’t be helped…and you’ll have to deal with it. But, there’s a lot you can do to get your poor performers to be star performers! The Practical Guide to Human Resources Management shows you how to do just this. Don’t delay…subscribe now and avoid the process of dismissing a poor performer. In fact, follow the tips and procedures in the Guide and you’ll get him contributing 100% to your company.

Until next time…

Sarah-Jane Bosch
Managing Editor

P.S. Don’t miss this bonus deal!

I’ve wangled a deal with my publisher for you…if you order the Practical Guide to Human Resources Management Loose Leaf today you’ll get four hard-copy special reports on the hottest labour law topics. They’ll be at hand for a quick reference for those nagging little questions on Leave, Dismissal for Poor Performance, Insubordination vs. Insolence and Employment Contracts. Don’t delay, there are only a limited number to give away!

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Take a look at some of the most popular past articles:

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Which have been your favourites? Email me and let me know which articles are your favourites. sarahjane@fsp.co.za