Dear Reader

Welcome to your Labour Bulletin.

I had book club last night (I use the term loosely, because discussing books isn’t a big part of it), and my friend, Chloe, told me about an issue she was having at work. She’s pretty senior in her company, and manages quite a big team. But, as I found out, the perks of her well-paying job don’t necessarily outweigh the problems!

The time for sympathy is over! My friend wants to get rid of her poor performer

Chloe told me about her once-star performer, who’s been steadily sliding down the performance slope. She’s at her wits end about what to do! She’s done some performance counselling, but it’s making no difference. Worst of all, the guy simply won’t tell her what’s caused the change!

Chloe’s a bit beyond sympathy. This has been going on for a while now, and the employee’s poor work performance is having a serious effect on the rest of her team. She’s convinced it’s time to get rid of him...cutting off the deadwood – as she put it!

I knew she’d lose at the CCMA if she rushed into the dismissal!

“Wait Chlo, hold on!” I said to her. “You have to do it properly, or you’ll land up at the CCMA quicker than you know – and I promise you’ll lose!” Chloe can dismiss him, but I know from working on the Labour Law Handbook, this isn’t something she can take lightly.

“So what can I do; I need to sort this out before it becomes and even bigger problem?” was her plea.

Here’s the advice I gave my friend:

4 steps to get rid of a poor performer

Step #1: Investigate the reasons for poor performance

Investigate the possible reasons for the employee’s poor performance. Use these reasons to decide on your course of action to address the poor performance. Hold a counselling session with the employee.

I know Chloe had done this...so on to Step 2...

Step #2: Develop your action plan

Develop an action plan to:
1.    Address the causes of the poor performance; and
2.    Assist the employee to improve.

I warned Chloe here that she must make 100% sure she’s done everything she can to help her employee improve!

Step #3: Evaluate the employee’s performance

Review the employee’s performance against the set goals to determine whether his performance has improved.

If it’s improved only slightly but you’re still not satisfied, or hasn’t improved at all, you should repeat Steps #1 to #3.

Remember, you must measure performance against set goals.

Step #4: Hold an incapacity hearing

Hold an incapacity hearing only if you’re sure that you’ve given your employee adequate opportunity to improve his performance, and despite this, he’s continued to perform poorly.

Remember: You must appoint an independent and impartial chairperson to chair the incapacity hearing (this can be a manager in your company).

If the chairperson decides termination of employment is appropriate, he must consider alternatives to termination such as demotion or transfer. Termination of employment is the last resort.

You must communicate the chairperson’s decision to the employee in writing.

Follow the whole process to the letter!

This was just the basic outline of what she should do...you must follow the proper process to the letter! You can find out exactly what to do in chapter P16 of your Labour Law for Managers Handbook. I know Chloe's already ordered her copy today.

Until next week

Sarah-Jane Bosch
Managing Editor
Labour Law for Managers Practical Handbook
Practical Guide to Human Resources Management