Poor performance dismissal

Labour & UIF

Use this page to locate the poor performance parts of Schedule 8 Code Of Good Practice: Dismissal. The contents name 8. Incapacity: Poor work performance and 9. Guidelines in cases of dismissal for poor work performance. The Department’s draft description says a dismissal not based on a fair reason and conducted through a fair, even if simplified, process remains subject to challenge under labour law. It also says employees should be treated fairly, given an opportunity to respond, and not dismissed arbitrarily.

Official downloads

Get the current form from the official source:

OFFICE OF THE PRESIDENT www.gov.za

Labour Relations Act: Code of Good Practice on Dismissal: Comments invited www.gov.za

Labour Relations Act: Code of Good Practice on Dismissal: Correction: Comments invited www.gov.za

Labour Relations Act: Code of Practice: Dismissal www.gov.za

OFFICE OF THE PRESIDENT www.labour.gov.za

Department of Employment and Labour provides facts on the Code of Good Practice on Dismiss... www.labour.gov.za

How to use it

Find the Code Look for Schedule 8 Code Of Good Practice: Dismissal in the Labour Relations Act document. The title helps you identify the Code you need to review.
Locate the topic headings Find 8. Incapacity: Poor work performance, then read 9. Guidelines in cases of dismissal for poor work performance. The first heading names incapacity for poor work performance. The second identifies guidelines for dismissal for poor work performance.
Keep the draft description in context The Department’s draft description says a dismissal not based on a fair reason and conducted through a fair, even if simplified, process remains subject to challenge under labour law. It also says employees should be treated fairly, given an opportunity to respond, and not dismissed arbitrarily. These statements describe the draft Code; they are separate from the Code section headings.

Document checklist

Code title For your Code review, locate Schedule 8 Code Of Good Practice: Dismissal.
Poor performance sections Mark 8. Incapacity: Poor work performance and 9. Guidelines in cases of dismissal for poor work performance for review.

Use the headings to find the Code text

The headings identify where poor work performance and its dismissal guidelines appear. Read the relevant Code text for the detail; the headings alone only name the sections.

Questions & answers

What Code should I look for?

Look for Schedule 8 Code Of Good Practice: Dismissal. It is the Code title identified for this topic.

Which heading names poor performance incapacity?

Find 8. Incapacity: Poor work performance. That heading identifies the incapacity section for poor work performance.

Where are the dismissal guidelines?

Look for 9. Guidelines in cases of dismissal for poor work performance. The heading identifies the guidelines section for dismissal for poor work performance.

What does the Department’s draft description say about a fair reason and process?

It says a dismissal not based on a fair reason and conducted through a fair, even if simplified, process remains subject to challenge under labour law.

Does the draft description mention a chance to respond?

Yes. It says employees should be treated fairly, given an opportunity to respond, and not dismissed arbitrarily.

Does this page give a full step-by-step procedure for an individual dismissal?

No. It identifies Code headings and summarizes two points in the Department’s draft description. It does not set out a complete procedure for an individual case.