In March, Facebook announced that it would be giving all 45,000 … Be careful never to employ a person whom you suspect may be a heavy drinker, an alcoholic, or addicted to any substance having a narcotic producing effect. Definitions “accounting officer” (a) in relation to a municipality, means the municipal official referred to in section … 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. One of the main purposes of the Signify Performance Management System is to formalise and automate the agreement process (goal-setting) between the employee and the manager – in line with business … Home » BLOG » The stages in management of employee performance: a labour law perspective, Home » BLOG » Labour law articles » The stages in management of employee performance: a labour law perspective, Advocate M H Marcus discusses the need to apply a performance management process before considering dismissal for misconduct or incapacity. 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. Performer, Supply Chain Manager, Operations Associate and more on Indeed.com Performance Management System Jobs - December 2020 | Indeed.com South Africa performance management is a tool that assists municipalities to continuously monitor performance and evaluate in order to be effective. In all cases, dismissal must be preceded by a fair procedure (procedural fairness) and the dismissal must be effected for a fair reason (substantive fairness.) the interview and selection stage. given the employee appropriate evaluation, instruction, training, guidance or counselling and. Poor performance due to ill health or injury is self explanatory, and the procedure is dealt with later. An employee may be said to be incompatible for a number of reasons. and the employer has the right to dismiss after following a fair procedure and ensuring that the dismissal is for a fair reason. Subject to such compliance, the employee may be dismissed for incapacity after a hearing, if shown to be incapable of performing the work for which he was employed to the standards required. Or is it going to be too much for him ? The guiding principle in the Code is that “an employee should not be dismissed for unsatisfactory performance unless the employer has: The principles cited above would in general apply also to performance management during the probationary period, although with some distinctions of considerable significance to employers in the management of employee performance: a)                 The first of these is that the employer is given a good deal more latitude by the Code in assessing whether the employee has failed to meet the required performance standard during probation (the substantive element of a dismissal for poor work performance), than thereafter, when the arbitrator must decide whether dismissal was an appropriate sanction. 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. Challenge 1 Lack of Alignment. Agree on a reasonable time period for improvement. Purpose: This module will be useful to students who need to develop a detailed, well-rounded and systematic knowledge base about performance management, and the evaluative and developmental … The content of this web site does not constitute legal advice, nor does it necessarily reflect the views of the directors of Bregmans Moodley Attorneys Inc or their associates, contributors, authors or suppliers. after a reasonable period of time for improvement, the employee continues to perform unsatisfactorily” [para 8 (2)]. A manager can log on and capture the performance … Ø       “Formal procedures do not have to be invoked every time a rule is broken or a standard not met. These extra jobs can also result from the resignation or dismissal of another employee, and the employer sees a chance to "save some cash" by palming the jobs off onto other employees. 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. Thus the only remaining option was dismissal. 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. Counseling Procedure – Incapacity - Poor Performance, Incompatibility is not a reason within itself, LRA provides strong protection for sick, disabled. 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. 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.? b)  Management of employee performance: 3 key principles dictate: Ø       The principle of mutual respect by the parties to an employment relationship. 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 Those are all recipes for disaster. 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. 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. 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." 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. Further alternatively the enquiry could address both possibilities. ... South Africa … The first challenge is the lack of alignment due to various … A        Introduction: identifying the need for the application of a performance management process, C        Dismissal for incapacity after expiry of the probationary period. Performance management will remain on the agenda in many corporate meetings, and will be a key concern for South African HR practitioners and managers for many years to come. The candidate signs and dates the condition in the presence of a witness. a)  3 categories of dismissals are recognized by the Labour Relations Act 1995(“LRA”): dismissals for misconduct, incapacity and operational requirements. Bad or unacceptable, or a bad or unacceptable attitude – this falls within the definition o. 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, … And most importantly, what is likely to be the extent of the damage if he can't handle it.?". The most common causes of poor work performance have been stated above, and it is sometimes found that a previously. Poor work performance or failure by the employee to reach and maintain the employer's work performance standards in terms of quantity and quality of output is an ever increasing problem. Fundamentally, to conduct a valid and … South Africa Tel: +27 12 315 5948 Fax: +27 12 315 5126 The Framework for Managing Programme Performance Information is also available on www.treasury.gov.za Layout: National Treasury … The candidate agrees that any offer of or assistance towards any aspect of rehabilitation shall be at the sole discretion of the employer. Labour Guide. 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. 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. Described as a continuous process, whereby general … The aim of this article is to assess the degree to which performance management has been implemented at the West Rand District Municipality. An employee may be said to be incompatible for a number of reasons. But we do know that the persons behaviour, his attitude, his way of doing things, his rebellion or whatever it is must be addressed. BIBLIOGRAPHY Bernthal, P, Rogers, R.W & Smith, A. Our comprehensive performance management methodology integrates value drivers as perceived by stakeholders, strategy, performance measures, as key performance indicators at organisation level, as … 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. Performance Management redirects our efforts from busyness toward effectiveness. Poor Work Performance falls under the broad heading of Incapacity. Poorly qualified candidates or candidates who lack the inherent requirements to do the job should never be employed unless the employer intends to fully train that candidate, or in cases of a recognized learnership. 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. LLB, Higher Dip. This refers to stress caused by the job requirements. Users will be able to log onto the system and see the current “status” of their performance / competence reviews and submit comments. b)                 The second distinction operating in favour of effecting such dismissal prior to expiry of the probationary period is that labour law principles as reflected in paragraph 8 (3) of the Code expect of an employer to investigate alternatives prior to dismissing employees for unsatisfactory work performance, such as the possibility of slotting the incompetent employee, if willing, into a less demanding post, which would not be expected of an employer when dismissing a probationary employee for failing to meet the required performance standards. Operational Performance Management and Development . South Africa Achieve all Brands key performance indicators and targets. His attendance or timekeeping may also suffer. Where it is believed there exists a realistic prospect of improvement in performance, the enquiry would be to consider the possibility of extending the probationary period as an alternative to dismissal, premised on the possibility of the employee still being able to prove himself up to the job. See the List of Business Courses supplied by Six Sigma SA . And it is the difference that makes one employee compatible and another not compatible – a misfit. This study focuses on the Performance Management System in the South African … All Rights Reserved. This course will help you design or improve your performance management to ensure it is producing the quantitative … -performing or satisfactory employee suddenly "goes off the rails." The objective in performance management is not to dismiss but to correct the defective performance [para.3 (2)]. 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. Should the employee fail in this duty, then he is said to be ". " 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." 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. "Give it to so-and-so – that guy is really good – he won't mind.". Save my name, email, and website in this browser for the next time I comment. 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. Paragraph 8 (1) (e) of the Code requires that the employee’s performance during probation be assessed and evaluated. The employee would be entitled to internal representation and to make representations against his dismissal. By Advocate M H Marcus B Comm. It does not quite fit the requirements of misconduct, and does not fall under operational requirements. 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)]. It is not reasonable to expect of an employer to retain the services of an employee who proves incapable of performing the job for which he or she was hired and is paid. 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 … Bad or unacceptable behaviour or a bad or unacceptable attitude – this falls within the definition of "incompatible". Other employees complain continually about this person, and especially that " he is simply impossible, no person can get along with him and his attitude is unacceptable." 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. South Africa ABSTRACT This article examines performance management in the South African Department of Labour looking at the roles of the national office, provincial offices and labour centres. Those are all recipes for disaster. Dip. Performance Management Development Courses in South Africa . I know and understand the contents of this condition of employment, and signify my agreement by appending my signature hereto below." 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. Sometimes it is difficult to define. Where the dismissal takes place during or on expiry of probation, the Code now directs the arbitrator of such a dismissal dispute “to accept reasons for dismissal that may be less compelling than would be the case in dismissals effected after completion of the probationary period” [para.8 (1) (j)], an innovation added to the Code with the August 2002 amendments to the LRA. Establishing that the problem is poor performance and not misconduct. If the failure to perform is attributable to misconduct, disciplinary action would be appropriate. The COVID-19 pandemic has thrown performance management systems into chaos -- and the reactions have been telling. Performance Management System jobs now available. Performance management is created and designed to promote and improve employee effectiveness and the overall development of the organisation. See our privacy policy. There is a mix of theory, discussions and practical illustrations of how performance management … 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." If not or when uncertain, (that is, where incapacity applies), the employer should have resort to performance management procedures. Users will be able to log onto the system and see the current “status” of their performance / competence reviews and submit comments. Substantive fairness is achieved by the employer proving that the employee actually failed to meet the work performance standard, despite having been given the necessary evaluation, counselling, training and guidance and despite having been afforded a reasonable time period in which to attain and maintain the required standard. 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. Poor work performance or failure by the employee to reach and maintain the employer's work performance … 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. You don't quite know what the problem is, but you do know that "he has to go. Industrial Relations (Natal). Even though every endeavour has been made as to the accuracy of the information, we cannot be held responsible for any errors and/or omissions. Performance Management is an ongoing process . And if he can save money (or increase profits) without increasing his operating expenses ( such as extra staff)  – then why not ?? There is no law stating that all employees must be the same – some are different. Obviously this would require that the employee accepts the lesser post offered her. In our Performance Management Courses in South Africa (Johannesburg, Cape-Town, Durban, Pretoria) delegates will learn the process of conducting meetings and writing performance … The Employee Performance Management and Development System (EPMDS)1has been designed as a voluntary system to assist with performance management on salary levels 1 to 12 in departments and … 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. Copyright © 2020. These influences take many forms – perhaps the employee has landed himself in heavy financial difficulty ( very common), or is perhaps undergoing a messy divorce, or is having an affair and fears being discovered, or children doing badly at school, (even involved in drugs) ,perhaps has 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. There are many factors that can be the direct cause of it, or may contribute to it. Employers must never allocate extra duties to an employee because he is performing well in his new job, or because "he's a good guy" , or because the employer wished to save on his salary bill. Inform management of any store maintenance or Health and Safety issues which might lead to accidents. 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 … His attendance or timekeeping may also suffer. Company Law (Wits), Post grad. Ø       Failures or shortfalls in employee performance could arise from misconduct orincapacity. And it is the difference that makes one employee compatible and another not compatible – a misfit. This continual revisiting of goals … These influences take many forms – perhaps the employee has landed himself in heavy financial difficulty, very common), or is perhaps undergoing a messy divorce, or is having an affair and fears being discovered, or children doing badly at school, (even involved in drugs). The Solution (Performance Management Training Course: Johannesburg (Sandton), Cape Town, Durban, Port Elizabeth, Pretoria – South Africa) The course (Performance Management Training Course) aims to teach the skills of: o Formulating performance … 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. The standard performance management procedures at the individual level are:  Probation,  Performance agreement,  Personal development planning & core competency assessment,  … Ø       The distinction between misconduct and incapacity lies mainly in the “fault” element (in the form of intention or negligence) which characterizes misconduct. 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 ). The Performance Management and Development System (PMDS) is probably one of the most contested systems implemented in the South African public service. The Constitution of South Africa (1996), Section 152, dealing with the objectives of local government paves the way for performance management with the requirements for an “accountable government”. The candidate signs and dates the condition in the presence of a witness. The candidate should sign this declaration with the words. " Only suitably qualified candidates should be short-listed, and even with learnerships 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. 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 … The HR Manage Performance Management System is an extensive Web and Windows based system for setting up and managing employee’s performance. Disciplinary action is never applied in cases of poor work performance. Poor work performance can also be brought about – and indeed this is becoming a very common cause of poor work performance – by work related stress.