DISMISSALS FOR POOR PERFORMANCE

Employers should be particlarily carefull before dismissing employees for poor performance.

It is the employers preogative to set performance standards or targets,but these should be attainable and resonable and this would have to proved by the employer if the employee challenges them.

Employers also need to take into account the current economic climate,for example,before setting targets for sales staff.

Employers need to conduct regular meeting with staff for poor performance counselling and detailed notes should be kept,including that of targets agreed to in these meetings.Matters beyond the control of the employee cannot be held against the employee,eg.the economic downturn.

Schedule 8 of the Labour Relations Act sets out the procedural and substantive pre-requisites of a fair dismissal.

For more information,please contact Bryan Brett.