Labour Relation Act Assignement

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Course: Principles of Human Resource Management

Section: Industrial Relations

Assignment: Individual Assignment

Question 1
How employee can be dismissed for poor performance
In today’s work environment it is important that the employees meet the competitiveness of their organisation’s market locally and globally. To have employees that are not performers (Dead Woods) can cost the company an arm and a leg. Poor performers can cost companies a lot of money, not only due to service but due to mistakes they make. More over dealing with them take up a significant part of management time. Most organisations do not have a system that addresses, and deal away with poor performers openly and honestly. In these sections we will be looking at the best way to issue a dismissal by following the right process. When dismissing an employee it is important that you prove that there is a good reason and the right procedure is followed. LRA recognise that the reason for dismissal can fall into the following categories 1. The Operational requirement

2. The conduct of the employee
3. The capacity of the employee
The poor performance of the employee falls within the incapacity category not the conduct as some other managers’ turn to confuse this when addressing poor performance problems. The dismissal will be as result of incapacity therefore the Performance Management procedure must be followed not the disciplinary procedure. This is not advisable because the Code of Good Practise: Dismissal (Section 8 of the LRA) provides different guideline for procedure to be followed when dealing with an employee who is not performing to the required standard. It is important to have a separate procedure and guidelines for managing poor performance so that management is not misled into using the disciplinary approach instead of Performance Management Procedure when dealing with dead woods (Poor Performers) in the organisation Setting up standard that is expected from Employees

As an employer you are entitled to set the reasonable standard that both the employer and employee agree upon. This is normally done with the Performance Management process by means of performance appraisal (standards). The standards need to be clearly communicated to the employee. There must be an evaluation of these performance standards on a timely basis preferably quarterly. It is important that the employer provide the employee with sufficient instruction of how to perform the tasks he is suppose to do and how the employer requires those tasks to be done. The employer must provide the employee with the training unless the employee has been hired with the basis that he has certain qualification. The employer must provide also the guidance along the way on how to meet the set standards to which the employee needs to improve. The following shows how the performance standards are set when an employee under performed (IDP for under performers) * Set the performance KPA areas for the job that requires the employee to deliver * Set the targets and time frame for the targets

* Give the employee a specific list of task
The most important aspect for a fair dismissal to be taken into consideration is wether Procedural fairness and Substantiative Fairness is fairly applied. Below are these facts that you need to establish before finalising the dismissal of an offender (poor performer). Procedural Fairness

This relate to the process used for discipline or dismissing an employee, the processes includes 1. Giving of counselling and prior warnings
2. Process followed prior corrective meetings or disciplinary hearing 3. Process followed at the actual corrective meeting or disciplinary hearing including the way in which the employee is given the opportunity to answer to the charges Substantive Fairness

This relates to wether there was a fair reason for dismissal. This refer purely wether there was a substantial gist on the decision to dismiss or...
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