His attendance or timekeeping may also suffer. Poor Work Performance falls under the broad heading of Incapacity. The Performance Management and Development System (PMDS) is probably one of the most contested systems implemented in the South African public service. Performance Management System jobs now available. By Advocate M H Marcus B Comm. See the List of Business Courses supplied by Six Sigma SA . Seldom, if ever, does the employer give any meaningful thought or serious consideration to the aspect of "Can he really handle it to the benefit of the company and himself.? Treating the other party with mutual respect is stated in the introduction to theCode of Good Practice for Dismissals, Schedule 8 to the Labour Relations Act 1995, to be a key principle underlying the Code. Company Law (Wits), Post grad. This course will help you design or improve your performance management to ensure it is producing the quantitative … … Poor performance due to ill health or injury is self explanatory, and the procedure is dealt with later. If not or when uncertain, (that is, where incapacity applies), the employer should have resort to performance management procedures. given the employee appropriate evaluation, instruction, training, guidance or counselling and. The candidate agrees that any offer of or assistance towards any aspect of rehabilitation shall be at the sole discretion of the employer. The West Rand District Municipality (WRDM) is a Category C Municipality, located on the South Western edge of Gauteng Province of South Africa. Dip. As with most important things in life, nothing is guaranteed – but in our view, these procedures come as near to achieving procedural fairness as can possibly be done. I know and understand the contents of this condition of employment, and signify my agreement by appending my signature hereto below." Identifying the causes of the poor performance, Meeting with the employee and his line manager to establish the causes of the poor performance, In particular, obtain the employee's reasons for the poor performance, Evaluate the employee's reasons for the poor performance, Obtain commitment from the employee regarding what action he will take to rectify the problem, Inform the employee of what action the employer will take to assist in that process. The need for someone to do the extra jobs can also result from the employer obtaining a greater market share, or from an increased demand for his products or services. Should it at any time during the tenure of the employment contract be found that the contrary is the case, disciplinary action will be taken which will lead to dismissal. Performance Management is an ongoing process . The most common causes of poor work performance have been stated above, and it is sometimes found that a previously good-performing or satisfactory employee suddenly "goes off the rails." Now, I don't want to tar everybody with the same brush, but generally, the  employer is in business for one reason and one reason only – namely to make money – to make a profit. The most common cause is the situation where a very good employee – a star performer – is, over time, given extra duties to handle and extra jobs to do for no other reason that "he can handle it." The candidate signs and dates the condition in the presence of a witness. Ø       Another innovation introduced in August 2002 amendments, the “con-arb” process combining the conciliation and arbitration of arbitrable disputes into one process, is compulsory for unfair labour practice and unfair dismissal disputes pertaining to probation ( in case of other such disputes not pertaining to probation, either party can decline the “ con-arb ” process by lodging a written objection ). Now, I don't want to tar everybody with the same brush, but generally, the  employer is in business for one reason and one reason only – namely to make money – to make a profit. Where it is assessed that the chances of further improvement are slim or unrealistic, the purpose of the enquiry would be merely to consider the termination of the probationer `s employment for failing to meet the required standards. Labour Guide. There is no law stating that all employees must be the same – some are different. The aim of this article is to assess the degree to which performance management has been implemented at the West Rand District Municipality. Should it at any time during the tenure of the employment contract be found that the contrary is the case, disciplinary action will be taken which will lead to dismissal. Performance Management redirects our efforts from busyness toward effectiveness. The employee would be entitled to internal representation and to make representations against his dismissal. The first aspect to investigate is the alcohol or drug abuse aspect, and it will be found that, if these symptoms exist, they have been caused by some other problem that is a source of such concern to the employee, that the work performance has become affected. There are many factors that can be the direct cause of it, or may contribute to it. The first challenge is the lack of alignment due to various … However, in that dismissal for incapacity is not disciplinary in nature (see above) and is premised on the employee`s incapability of performing the job for which he or she was hired, principles of logic and equity dictate that the employer attempts to find alternatives to dismissal by, for instance, offering the employee an alternative less demanding post in which s/he is capable of performing if a suitable alternative post is available, even if this would mean a demotion from her incumbent post. Should the employee fail in this duty, then he is said to be ". " Should the employee still prove incapable of performing to the required standards, the next stage will be an enquiry to be held before expiry of the probationary period which could take either or both of two forms. If opted for by the employer as I recommend it should be, a probationary period of reasonable duration to achieve its purpose should be written into the contract of employment or appointment letter. ... South Africa … It is implicit in all employment contracts that the employee undertakes to perform according to the reasonable, lawful and attainable work performance standards set by the employer. after a reasonable period of time for improvement, the employee continues to perform unsatisfactorily” [para 8 (2)]. discovered that his wife is having an affair, or the terminal illness of a loved one, the recent sudden death of a much loved family member, and so on. And most importantly, what is likely to be the extent of the damage if he can't handle it.?". ... RSA : Republic Of South Africa 3. the selection, description and management of quality and credible performance indicators for managing the organisation’s business strategy, linked to government-wide strategies, and devolving PI management … Should the employee fail in this duty, then he is said to be "incapable" and the employer has the right to dismiss after following a fair procedure and ensuring that the dismissal is for a fair reason. Definitions “accounting officer” (a) in relation to a municipality, means the municipal official referred to in section … Inform management of any store maintenance or Health and Safety issues which might lead to accidents. Copyright © 2020 Bregman Moodley Attorneys | Designed By, The stages in management of employee performance: a labour law perspective, Specialist Divorce Lawyers In Johannesburg, The Prohibition of Unfair Discrimination in the Workplace. Performance Management 2-day course The course is aimed at giving managers a practical understanding of performance management so that it adds value in their jobs. it should be established that the candidate does have at least a reasonable chance of success before employment is agreed to – in other words, he should possess at least the basic ability to perform the inherent requirements of the job, which can be developed by further training. In March, Facebook announced that it would be giving all 45,000 … The candidate agrees that any offer of or assistance towards any aspect of rehabilitation shall be at the sole discretion of the employer. the interview and selection stage. Poor work performance or failure by the employee to reach and maintain the employer's work performance … And it is the difference that makes one employee compatible and another not compatible – a misfit. Extra duties must be allocated to an existing employee only because the employer and the employee both agree that he is capable of taking on those extra tasks, can handle those extra tasks as well as his existing tasks jointly, according to the employer's required work performance standards, and a suitable adjustment to the employee's salary and benefits must be agreed to. and the employer has the right to dismiss after following a fair procedure and ensuring that the dismissal is for a fair reason. The candidate should sign this declaration with the words : " I know and understand the contents of this condition of employment, and signify my agreement by appending my signature hereto below." ", Procedural and Substantive fairness in dismissal. Performance management is a strategic approach to management that equips leaders, managers, workers and stakeholders at different levels with a set of tools and techniques to regularly plan, … Industrial Relations (Natal). The HR Manage Performance Management System is an extensive Web and Windows based system for setting up and managing employee’s performance. This programme offers a focused and applied specialisation in performance analytics, total remuneration and people management modules appropriate to the needs of South Africa and other emerging … Para 8 (3) of the Code requires the employer, before dismissing, to “consider other ways, short of dismissal, to remedy the matter”, which is one of the differences from the treatment of probationary dismissals earlier highlighted. or because the employer wished to save on his salary bill. Poor Performance Procedures No excuses for poor performance LRA provides strong protection for sick, disabled Incompatibility is not a reason within itself Handling Poor Work Performance Counseling Procedure – Incapacity - Poor Performance Poor Performance What is vital in justifying a dismissal on completion of probation is that where the assessment proves negative, the respects in which the employee is failing to meet the standards be clearly spelled out to him and he be given an opportunity and assistance, if necessary, to get himself up to speed, to assess which a follow-up meeting should be scheduled. This amendment is in line with my award in the Grace Hotel arbitration some years back, where I pointed out that the flaws inherent in the recruitment and selection process, which is far from being a perfect or scientific one, would naturally lead to errors in recruitment of staff which are to an extent ameliorated by the Code’s recognition of a probationary period, the legitimate purpose of which is stated to be “to give the employer an opportunity to evaluate the employee’s performance before confirming the appointment ” [para.8 (1) (b)]. Users will be able to log onto the system and see the current “status” of their performance / competence reviews and submit comments. The need for someone to do the extra jobs can also result from the employer obtaining a greater market share, or from an increased demand for his products or services. Bregman Moodley Attorneys Inc. 2015/089214/21, Physical Address: Suite 314, 3rd Floor, Office Towers, Killarney Mall, 60 Riviera Road, Killarney, Johannesburg, South Africa, Associates: Melani Scholtz, Sasha Goldstein & Abdul Buckus. An employee may be said to be incompatible for a number of reasons. Performance management during probation – Evaluation of employee’s performance Paragraph 8 (1) (e) of the Code requires that the employee’s performance during probation be … Every time a rule is broken or a bad or unacceptable attitude this! Applies ), the employer following the procedures in this course and Safety which. Be giving all 45,000 … performance management is an ongoing process after following fair... Be established at the interview and selection stage appropriate evaluation, instruction, training, guidance counselling... Contribute to it signature hereto below. what is likely to be for... 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