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Article: It is wise to seek labour law advice before acting; Employers must be certain of correct dismissal procedures.(Workplace)
- Article from:
- The Star (South Africa)
- Article date:
- October 10, 2007
CopyrightCOPYRIGHT 2007 Independent News & Media PLC. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The dividing line between misconduct and poor work performance is not absolute as the same offence may fall within both categories.
The importance of categorising the offence as misconduct or poor performance relates to which disciplinary procedure to use.
A procedurally and substantively fair dismissal for poor work performance needs to comply with the prerequisites as per the Labour Relations Act's Schedule 8 Code of Good Practice.
Employers are facing the daily frustration of employees negligently not performing.
Where negligence and poor work performance (incapacity) overlap, it is permissible to treat the poor work performance as ...