Category: Poor performance

Failing to meet targets – poor performance or misconduct?

The LAC disallowed the employer’s appeal from the review judgment of Bleazard AJ in the LC after granting the employer leave to appeal on 31/3/2015. Damelin (Pty) Ltd v Solidarity obo Parkinson (JA48/15) [2017] ZALAC 6 ; [2017]...

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Avoid chilling litigation in nascent democracy

A judge, who has been on special leave on full pay since 15 January 2007, applied to the high court for an order to have ss 8-10, 14-23 and 25-33 of the JSC Act declared inconsistent with ss 177 and 178 of the Constitution....

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Incompatibility: Valid and fair reason to dismiss

Incompatibility has been defined as ‘inability [on the part of an employee] to work in harmony either within the “corporate culture” of the business or with fellow  employees’.  This concept is discussed in detail in Labour...

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Poor performers: Dismiss for operational reason

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Probation & tenure: Unsatisfactory performance

Once an employment relationship is created all employees have a right not to have their employment terminated unfairly. Employers are required to comply with fair procedures and prove that the reason for termination was valid,...

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