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Poor work performance

Legal Solutions > Uncategorized  > Poor work performance

Poor work performance

A dismissal for poor work performance implies that there must be an objective standard of performance against which the employee can be measured, before the employee may be dismissed for failing to meet that standard. It is generally accepted that the setting of performance standards is within the employer’s prerogative.

There are various ways in which an employer may establish performance standards and appraise an employee’s ability to do the job to the satisfaction of the employer. At the outset of the relationship the employer may decide to put the employee on a period of probation. The Code distinguishes between employees who are dismissed during the probationary period and those who are dismissed after probation.

Item 9 of the Code provides, as guidelines in cases of dismissal arising from poor work performance, that any person, in determining whether or not a dismissal for poor work performance is unfair, should consider

  • whether or not the employee failed to meet a performance standard; and,
  • if the employee did not meet a required performance standard, whether or not
    • the employee was aware, or could reasonably be expected to have been aware, of the required performance standard;
    • the employee was given a fair opportunity to meet the required performance standard; and
  • dismissal was an appropriate sanction for the contravention of the rule or standard

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