Employers range between those, who are over-sympathetic towards employees, and those who feel they have no responsibility at all, to deal with employee grievances. Ivan Israelstam explains that although there is no statute, that requires exployers to handle employee grievances, it is always advisable for employers to investigate the full circumstances of the grievance, and not to pre-judge based upon the person who is lodging the grievance.
When an employer is faced with an employee who fails to perform, the Labour Relations Act sets out specific requirements to be fulfilled before the employer contemplates dismissal. These requirements are followed by a fair procedure. This week Ivan Israelstam explains what the requirements are, and how poor performance should be handled.
When will it be fair to dismiss an employee for poor performance? What is poor performance? What are the employer's rights in setting the performance standard and what are the employer's responsibility towards employees? This week Ivan Israelstam responds to these critical questions that apply to all employers and explains what the employer will need to be able to demonstrate to a CCMA commissioner in an unfair dismissal arbitration.
Management, executives, and company boards do not always agree on an appropriate method to deal with senior employees when a company suffers a financial downturn. This week Ivan Israelstam points out how important it is to investigate the facts before deciding on the correct path to follow. A company should not agree on a retrenchment and then try also to dismiss for some form of misconduct or lack of performance.
Using retrenchment as a means of dealing with poor performers is not only risky and potentially very expensive, but also represents a failure of management. This week Ivan Israelstam explains what constitutes fair criteria for retrenchment and the possible costs to an employer of failing to conduct a procedurally fair consultation.
The level of work performance of employees is a crucial factor in the advancement of South Africa’s economy and in the success of each enterprise. This is one reason that the law does allow employers to dismiss employees who fail to perform according to performance standards. However, the same legislation lays down very stringent tests to establish whether dismissal for poor performance is appropriate in each specific instance.