performance management in south africa

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)]. An employee may be said to be incompatible for a number of reasons. 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 … Labour Guide. 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. 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. 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. Ø       Failures or shortfalls in employee performance could arise from misconduct orincapacity. … Poor Performance Procedures Poor Work Performance falls under the broad heading of Incapacity. 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 … His attendance or timekeeping may also suffer. Course overview … 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. "Give it to so-and-so – that guy is really good – he won't mind.". 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). Paragraph 8 (1) (e) of the Code requires that the employee’s performance during probation be assessed and evaluated. Those are all recipes for disaster. Informal advice and correction is the best and most effective way for an employer to deal with minor violations of work discipline” [Code; para.3 (3)]. 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. given the employee appropriate evaluation, instruction, training, guidance or counselling and. 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. 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. His attendance or timekeeping may also suffer. 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. This refers to stress caused by the job requirements. Ø       Important distinctions exist in the manner in which these 2 types are addressed, where misconduct is applicable, by the application of disciplinary action and in case of incapacity, by performance management processes. 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 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 recognize, Only suitably qualified candidates should be. Challenge 1 Lack of Alignment. 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 ). Copyright © 2020. Those are all recipes for disaster. 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”. I mentioned that the LRA accepts the employee`s incapacity to perform the job as a valid ground for dismissal, subject to compliance with the guiding principle in para 8 (2) of the Code cited earlier. If not or when uncertain, (that is, where incapacity applies), the employer should have resort to performance management procedures. And it is the difference that makes one employee compatible and another not compatible – a misfit. 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. The West Rand District Municipality (WRDM) is a Category C Municipality, located on the South Western edge of Gauteng Province of South Africa. BIBLIOGRAPHY Bernthal, P, Rogers, R.W & Smith, A. This course will help you design or improve your performance management to ensure it is producing the quantitative … Managing Performance … 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. Fundamentally, to conduct a valid and … -performing or satisfactory employee suddenly "goes off the rails." b)  Management of employee performance: 3 key principles dictate: Ø       The principle of mutual respect by the parties to an employment relationship. 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 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 … Ø       “Formal procedures do not have to be invoked every time a rule is broken or a standard not met. There are many factors that can be the direct cause of it, or may contribute to it. the interview and selection stage. Performance management also creates a need for management to consistently focus on company objectives and goals, and to consider how best to achieve them. See the List of Business Courses supplied by Six Sigma SA . See our privacy policy. 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. 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. 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.) Counseling Procedure – Incapacity - Poor Performance, Incompatibility is not a reason within itself, LRA provides strong protection for sick, disabled. ", Procedural and Substantive fairness in dismissal. You don't quite know what the problem is, but you do know that "he has to go. 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. 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. 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 … Poor performance due to ill health or injury is self explanatory, and the procedure is dealt with later. Agree on a reasonable time period for improvement. In our Performance Management Courses in South Africa (Johannesburg, Cape-Town, Durban, Pretoria) delegates will learn the process of conducting meetings and writing performance … Operational Performance Management and Development . The most common causes of poor work performance have been stated above, and it is sometimes found that a previously. 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. 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. Para 8 (3) of the Code requires the employer, before dismissing, to “consider other ways, short of dismissal, to remedy the matter”, which is one of the differences from the treatment of probationary dismissals earlier highlighted. 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. Company Law (Wits), Post grad. Users will be able to log onto the system and see the current “status” of their performance / competence reviews and submit comments. 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. South Africa Achieve all Brands key performance indicators and targets. 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. If the failure to perform is attributable to misconduct, disciplinary action would be appropriate. Our comprehensive performance management methodology integrates value drivers as perceived by stakeholders, strategy, performance measures, as key performance indicators at organisation level, as … performance management is a tool that assists municipalities to continuously monitor performance and evaluate in order to be effective. The research objective was to identify the problems and obstacles in implementing both the organisational and individual performance management … 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." A manager can log on and capture the performance … 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. 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 is a mix of theory, discussions and practical illustrations of how performance management … and the employer has the right to dismiss after following a fair procedure and ensuring that the dismissal is for a fair reason. Performance Management System jobs now available. The first challenge is the lack of alignment due to various … Definitions “accounting officer” (a) in relation to a municipality, means the municipal official referred to in section … Performer, Supply Chain Manager, Operations Associate and more on Indeed.com Performance Management System Jobs - December 2020 | Indeed.com South Africa Industrial Relations (Natal). Bad or unacceptable behaviour or a bad or unacceptable attitude – this falls within the definition of "incompatible". The candidate should sign this declaration with the words. " Described as a continuous process, whereby general … 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. Users will be able to log onto the system and see the current “status” of their performance / competence reviews and submit comments. 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. The candidate signs and dates the condition in the presence of a witness. Bad or unacceptable, or a bad or unacceptable attitude – this falls within the definition o. The candidate agrees that any offer of or assistance towards any aspect of rehabilitation shall be at the sole discretion of the employer. Notify me of follow-up comments by email. Other points of interest regarding probation: Ø       Unfair conduct relating to probation or training has been added to the existing categories of unfair labour practice by the August 2002 amendments to the LRA. 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. 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. The employee would be entitled to internal representation and to make representations against his dismissal. The candidate agrees that any offer of or assistance towards any aspect of rehabilitation shall be at the sole discretion of the employer. It is also easier in the nature of things to make out a credible case for the dismissal of a probationary employee for unsatisfactory performance than it would be in the case of a long standing employee whose performance has been accepted by the employer for some years. Thus the only remaining option was dismissal. 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. 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 … For more information contact emailProtector.addCloakedMailto("ep_7c33f210", 1); The website is not compatible with this IE version,please upgrade to the latest version of Internet Explorer, Poor Work Performance falls under the broad heading of, 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, an ever increasing problem. 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 … Copyright © 2020 Bregman Moodley Attorneys | Designed By, The stages in management of employee performance: a labour law perspective, Specialist Divorce Lawyers In Johannesburg, The Prohibition of Unfair Discrimination in the Workplace. The candidate signs and dates the condition in the presence of a witness. The Performance Management and Development System (PMDS) is probably one of the most contested systems implemented in the South African public service. Obviously this would require that the employee accepts the lesser post offered her. Compatible – a misfit definition o ) ( e ) of the damage if he ca n't it.... Broad heading of incapacity suddenly `` goes off the rails. n't mind ``. 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