MayJune 2013
The practice is both unethical and illegal. Firstly, it is unethical because the employee’s employment contract is terminated not because economic uncertainty forces many organisations to cut staff, but because he/she has received low performance review ratings in the past. In other words, the economic uncertainty is just used as an excuse to dismiss poor performers. This is unethical, despite written documentation that the organisation has as proof of the employee’s poor performance over time.
Secondly, this practice is also illegal if poor performers are dismissed owing to their poor performance of the past, yet there was no attempt by the organisation to help their performance improve. The dismissal practice is regulated in the LRA, which prescribes the appropriate procedure to be followed before dismissing for poor performance.
Employment at will concept – LRA 66 of 1995: They both involve an element of employee dismissal. According to the employment at will concept, the employer or employee can end the relationship at any time. However, three forms of dismissal are regulated in the LRA, namely dismissal for misconduct, incapacity (poor work performance and ill health or injury) and dismissal based on operational requirements.
1. Trait approach
Emphasis the individual performer and ignores the specific situation, behaviour and results. Challenges
a) The problem with this is that traits are not under the control of individuals and
b) the fact that an individual possess a certain trait does not mean that this trait will necessarily lead to desired results or behaviour. This approach is not fair on employees.
2. Behavioural approach
This approach emphasises what an employee does on the job and does not consider employees traits or the outcomes resulting from their behaviour. This is a process-orientated approach that emphasises how an employee does the job.
This approach is most appropriate when:
The link between behaviour and results is not obvious
Secondly, this practice is also illegal if poor performers are dismissed owing to their poor performance of the past, yet there was no attempt by the organisation to help their performance improve. The dismissal practice is regulated in the LRA, which prescribes the appropriate procedure to be followed before dismissing for poor performance.
Employment at will concept – LRA 66 of 1995: They both involve an element of employee dismissal. According to the employment at will concept, the employer or employee can end the relationship at any time. However, three forms of dismissal are regulated in the LRA, namely dismissal for misconduct, incapacity (poor work performance and ill health or injury) and dismissal based on operational requirements.
1. Trait approach
Emphasis the individual performer and ignores the specific situation, behaviour and results. Challenges
a) The problem with this is that traits are not under the control of individuals and
b) the fact that an individual possess a certain trait does not mean that this trait will necessarily lead to desired results or behaviour. This approach is not fair on employees.
2. Behavioural approach
This approach emphasises what an employee does on the job and does not consider employees traits or the outcomes resulting from their behaviour. This is a process-orientated approach that emphasises how an employee does the job.
This approach is most appropriate when:
The link between behaviour and results is not obvious