Poorly performing employees. Can the employer do anything.

This is a frustrating issue that can cost time and money. Obviously its important to get the right person first. However if you are faced with a poorly performing employee then a careful approach is required.

An employer may justify a dismissal if they can show a lack of skills, capacity, or personality to perform the job for which the employee was employed. For a dismissal to be justified for poor performance, procedural fairness is critical.

In particular, attention will need to paid to whether warnings were given, whether the problems were explained and discussed with the employee and whether time for improvement was allowed.

If you want to dismiss an employee for poor performance you will need to show that you acted fairly and reasonably. A proper disciplinary action needs to be commenced.

Additionally you need to consider the following checklist.

  • That you are dissatisfied with his or her service and the need to achieve to a higher level
  • That reasonable time was provided to attain to those standards
  • Listened to the employees explanations with an open mind
  • Were the targets or performance achievable
  • Have you exhausted all steps such as training, counseling and redeployment

Of course procedural fairness is required before any meetings (eg: job in jeopardy, right to representation and notice of reason for meeting).

It is recommended that you ring or email either Robert Thompson or Jonny Sanders to ensure that this process is done correctly.

Contact us