Employment Law: Dismissal for Poor Performance

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Questions and Answers

What is the first step an employer must take when determining the fairness of a dismissal due to illness or injury?

Assess the employee's performance history.

Consider the availability of suitable alternative work.

Evaluate the employee's mental health status.

Determine the seriousness of the employee's incapacity. (correct)

What factor must be considered regarding the employee's capacity to perform work?

The number of years the employee has been with the company.

The extent to which the employee is able to perform the work. (correct)

The employee's willingness to adapt to new duties.

The employee's relationships with coworkers.

Which of the following is NOT an option an employer should consider when dealing with an incapacitated employee?

Adapting the employee’s duties.

Providing reasonable assistance and equipment.

Offering a significant salary increase. (correct)

Finding an alternative job for the employee.

When assessing permanent incapacity, what is one of the key questions an employer must ask?

How much of the work can the employee still perform? Signup and view all the answers

What must an employer do prior to dismissing an employee due to brief illness or injury?

Evaluate whether the incapacity is temporary or permanent. Signup and view all the answers

What must be believed for an employee to be aware of the required performance standard?

The employee should have received guidance or warnings. Signup and view all the answers

What factor is NOT considered when determining how much time an employee should be given to improve?

The employee's personal life circumstances. Signup and view all the answers

Which action is considered a last resort in response to underperformance?

Immediate dismissal. Signup and view all the answers

Which of the following is NOT a procedural fairness requirement before dismissing for poor performance?

Documenting the employee's social interactions. Signup and view all the answers

What must an employer prove before making a dismissal decision for underperformance?

That the employee is unable to perform required duties. Signup and view all the answers

What is a primary purpose of procedural fairness in performance appraisals?

To inform the employee of shortcomings and provide improvement opportunities. Signup and view all the answers

Which step is part of the process to ensure fair dismissal of an underperforming employee?

Offering help and resources for improvement. Signup and view all the answers

Which of the following indicates a failure to meet the requirements of procedural fairness?

Issuing warnings after dismissals. Signup and view all the answers

What does incapacity refer to in the context of employment?

An employee's inability to perform due to circumstances beyond their control Signup and view all the answers

Which of the following is NOT mentioned as a reason for poor performance?

Insufficient working hours Signup and view all the answers

According to the Code of Good Practice, what must an employer demonstrate in cases of dismissal for poor performance?

The employee was provided a fair opportunity to meet performance standards Signup and view all the answers

What is meant by 'substantive fairness' in the context of dismissals?

The appropriateness of the reason for dismissal Signup and view all the answers

What constitutes a fair reason for dismissal due to poor performance?

Failure to meet performance standards Signup and view all the answers

Which of these reflects a procedural fairness requirement in dismissal for poor performance?

The employer conducted a thorough investigation beforehand Signup and view all the answers

What does the employer need to prove regarding performance standards in cases of dismissal?

The standards are reasonable and documented Signup and view all the answers

In what scenario can an employee NOT be dismissed for poor performance?

If they were not aware of the required standards Signup and view all the answers

What is the primary purpose of a probationary period for employees?

To evaluate the employee's performance over time Signup and view all the answers

What rights do probationary employees have before dismissal?

They must be given an opportunity to make representation. Signup and view all the answers

Which of the following statements about medical incapacity is true?

It refers to an employee's failure to perform due to health reasons. Signup and view all the answers

According to the Code of Good Practice, what must the employer do if an employee is unable to perform their job?

Establish the extent and duration of the incapacity. Signup and view all the answers

In the context of probation, what should employers provide to probationary employees?

Reasonable evaluation, training, and guidance. Signup and view all the answers

What is required from employers regarding the duration of the probationary period?

It must be predetermined and reasonable in duration. Signup and view all the answers

What measures should an employer consider for an employee with medical incapacity?

Investigating if duties can be adapted or alternative work can be considered. Signup and view all the answers

What is a potential misuse of the probationary period according to the established guidelines?

Employing it to deny permanent employment status unreasonably. Signup and view all the answers

Study Notes

Dismissal for Poor Performance

Poor performance is when an employee doesn't meet required job standards.
Dismissals for poor performance are sometimes called "no fault" dismissals.
An employer can only dismiss an employee for poor performance if the dismissal is fair, in both reason and procedure.

Incapacity

Incapacity means an employee cannot perform their job duties.
Incapacity is not due to fault or negligence of the employee.
Incapacity can be a reason for dismissal.

Types of Incapacity

Poor performance: lack of skills, knowledge or inefficiency
Medical: illness or injury

Performance Appraisal

Performance appraisal documents can be used in dismissal cases.
Ratings are used: High, Above Average, Average, Below Average, Low.

Dismissal for Poor Performance - Code of Good Practice

The code of good practice includes the determination of whether the employee failed to meet a performance standard.
Consider if the employee was aware of the required standard, given a fair opportunity to meet the standard and if dismissal was an appropriate sanction.
Investigation of reasons for poor performance, and the weaknesses in the employee support system.

Code of Good Practice: Dismissal - Substantive Fairness

Consider if the employee failed to meet a performance standard.
Was the employee aware of the required standard?
Was the employee given a fair opportunity to meet the required standard?
Was the dismissal a proportionate sanction for not meeting the required standard.

Did the Employee Fail to Meet a Performance Standard?

Employers must investigate instances of poor work performance.
The investigation determines the causes of poor performance.
The investigation determines if any weaknesses exist in the support system.
Determine if steps can be taken to rectify the situation.

Standard Exists and is Reasonable

It must be proven the required standard exists and is reasonable.
Policies, practices, and other employment contracts can be used.
Other employee performance/standards can be used to assess the employee's performance.

Awareness of the Performance Standard

Employees should be aware of the required performance standards.
General directives or ad-hoc measures can convey the required performance standard.
This can include warnings and counseling.
The more warnings given the more likely the employee is aware of the standards.

Reasonable Opportunity to Improve

Employees should be made aware of their shortcomings and how to rectify them.
Employees must be given a chance to improve.
Factors to consider when determining how much time should be given are: job complexity, volume and nature of work, employer's business, and employee's qualifications & experience.

Appropriate Sanction

Dismissal should be the last resort.
Employees must be given a chance to be heard before a dismissal decision is made.
An employer must prove an employee is unable to perform their duties.

Probationary Employees

Probationary employees can be dismissed for less serious reasons than tenured employees.
The purpose of a probation period is for the employer to evaluate the employee's performance.
Employers provide evaluations, training, guidance, or counselling.

Probationers' Rights

Probationers, like other employees, are entitled to evaluation, training, guidance, or counseling.
Probationers are allowed to make representations prior to dismissal and can be represented by a trade union or other employee.
The length of the probationary period should be reasonable, considering factors such as the job's nature.

Probationary Use

Probation periods cannot be used as a tool to circumvent the law or standards, for example, to deny permanent work status.
Employers must choose to either extend the probation period or dismiss the employee.
Dismissal is only permissible after the employee has been given the opportunity to be heard.

Medical Incapacity

Medical incapacity is used in dismissal scenarios in cases of ill health.
It also includes instances of an inability to fulfill job duties due to illness, injury, or disease.
The inability must align with the expected standards.

Code of Good Practice: Dismissal - Principles

Employers should determine the employee's capacity for job performance.
The extent and likely duration of the employee's incapacity must be established.
Employers should investigate if duties can be modified or if alternative work arrangements are available.
A consideration of alternative work (even if at a reduced rate) must be made.

Substantive Fairness

Consider if an employee is able to perform their job duties;
To what extent is the employee capable of working;
Can the work circumstances be adapted; and
Is alternative work available?

Procedural Fairness

Identify the severity of the incapacity.
Consider possible alternatives; and
Implement a fair dismissal.

Seriousness

Employers must determine the seriousness of employee incapacity.
Dismissal for short-term illness or injury may be unwarranted.
Determine if the incapacity is temporary or permanent.

Alternatives or Adaptation

Look at adapting work duties to suit the employee's current condition.
Offer assistance or equipment to aid the employee in their duties.
Explore alternative work assignments

Permanent Incapacity

Determine how much of the employee's regular duties they can still perform.
Look at adapting the workplace environment or work duties to allow them to function effectively.
Explore alternative job opportunities.

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Description

This quiz covers essential concepts regarding dismissal for poor performance and incapacity in the workplace. It examines what constitutes poor performance, the types of incapacity, and the role of performance appraisals in dismissal cases. Gain a clear understanding of the guidelines that govern fair dismissal procedures.