KVV Inc
  • About Us
    • Meet The Team
      • Staff Photos
    • KVV Masters
    • Blog
  • Registration Process
    • I Am a Buyer
    • I Am a Seller
    • I Am An Agent
  • KVV Training Centre
  • KVV TV
  • KVV Cares
  • Contact Us
    • Privacy Policy
    • PAIA Manual
    • POPI Policy
  • +27 12 006 5171

What is Poor Work Performance? A Case of Missed Sales Targets

Home / Blog / Employment and Labour Law / What is Poor Work Performance? A Case of Missed Sales Targets
September 20, 2019
Employment and Labour Law
0 Comments
“…the employer has a duty to investigate all possible alternatives short of dismissal, and this duty accords with the onus of proving the fairness of the dismissal” (extract from judgment below)
An employee who fails to perform adequately at work is by definition not fulfilling his or her side of the employment bargain, but that doesn’t mean that dismissal is necessarily an appropriate remedy.
Guidelines for dismissal
The onus is on you as employer to prove that the dismissal was fair, and the “Code of Good Practice on Dismissals” provides these guidelines – “Any person determining whether a dismissal for poor work performance is unfair should consider –
  1. Whether or not the employee failed to meet a performance standard; and
  2. If the employee did not meet a required performance standard whether or not –
    1. The employee was aware, or could reasonably be expected to have been aware, of the required performance standard;
    2. The employee was given a fair opportunity to meet the required performance standard; and
    3. Dismissal was an appropriate sanction for not meeting the required performance standard.”
A good example of how that works in practice comes from a recent Labour Law judgment…
The sales reps fired for missing their targets
  • A group of sales representatives failed to meet their (newly-introduced) sales performance targets.
  • They were given letters warning of poor work performance, followed a month later by a final ultimatum giving them the opportunity to make written representations with reasons for failing to meet their targets.
  • They did so, referring to a list of challenges they said they were faced with, but the employer found their explanations unacceptable and they were served with notices to attend performance enquiries which resulted in their dismissals.
  • The CCMA (Commission for Conciliation, Mediation and Arbitration) found the dismissals to have been substantively unfair (although procedurally fair) and ordered the employer to reinstate the employees with full back pay.
  • On review in the Labour Court the employer argued that the performance targets were reasonable and achievable (other employees were achieving them) and that it had to introduce the targets in order to “improve cash flow for survival.”
  • The Court in the end result confirmed the reinstatement order, finding that –
    • The employer failed to show that the employees were given sufficient training, guidance, support, counselling and reasonable time to improve their performance.
    • The employees had genuine concerns that were outside their control and could have been managed with the employer’s assistance.
    • The employer had failed to explore alternative measures short of dismissal, like training.
  • The employer had accordingly failed to show that dismissal was an appropriate sanction.

Disclaimer: The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.

© LawDotNews

Share
Previous Post
A Note from our Directors | August 2019
Next Post
Your Will: What You Can and Can’t Do

Leave a Reply - Cancel reply

Your email address will not be published. Required fields are marked (required)

Recent Posts
  • KVV | A Note from our Director
  • Buying and Selling Property: Who Pays What Costs?
  • Bodies Corporate: Forcing Access to Units, and Round Robin Resolutions
  • Verbal Agreements – Not Much Good, But Lots of Bad and Ugly
  • Trusts on Divorce: Are You Stuck with an Ex-Spouse as Trustee?
Contact Info

Ground Floor, Block D, Jigsaw Park 7 Einstein Road Highveld Techno Park, Centurion
Phone: +27 87 351 2022
Fax: (012) 655-1053

Get Directions
Archive
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • July 2021
  • April 2021
  • January 2021
  • December 2020
  • November 2020
  • September 2020
  • August 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
Categories
  • Bank And Financial
  • Business
  • Contract
  • Corporate
  • Criminal Law
  • Debt
  • Debt recovery
  • Delict and Civil Claims
  • Delit / Civil Claims
  • Employment and Labour Law
  • Employment Law
  • Family Law
  • General Interest
  • Information Technology Law / Cyber Law
  • Insolvency
  • Insolvency / liquidation
  • KVV News
  • Litigation
  • News
  • Property
  • Property Law
  • Road Traffic
  • Tax
  • Trusts
  • Uncategorized
  • Website Of The Month
  • Wills and Estates
Pages
  • About Us
  • Blog
  • Blog Archive
  • Blog Classic
  • Contact Us
  • Cost Calculator
  • How We Work
  • I Am a Buyer
  • I Am a Seller
  • I Am An Agent
  • KVV Inc – Your Property Partner
  • KVV TV
  • Master Lounge
  • Meat the Team
  • Meet The Team
  • Registration Process
  • Shortcodes
  • Staff Photos
  • Testimonials
  • Training Centre

Designed by eMSDigital Group © 2021. All Rights Reserved

  • About Us
  • Registration Process
  • KVV Training Centre
  • KVV TV
  • KVV Cares
  • Contact Us
  • About Us
    • Meet The Team
      • Staff Photos
    • KVV Masters
    • Blog
  • Registration Process
    • I Am a Buyer
    • I Am a Seller
    • I Am An Agent
  • KVV Training Centre
  • KVV TV
  • KVV Cares
  • Contact Us
    • Privacy Policy
    • PAIA Manual
    • POPI Policy