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LLW2601 Assignment 2 Semester 1 2022.
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LLW2601Assignment 2 Semester 1
2022
Question 1:
Poor work performance during probation:
Dismissing a probationary employee based on poor work performance is not a simple process. The main purpose of
the probation period of employment is to determine whether an employee can perform the job to which he or she
has been appointed. It falls to the employer to decide to which extent the probationary employee must be assisted
before dismissal procedures need to be followed.
Procedures when dismissing Amber compels company ZZZ to assist her in the following ways before she can be
dismissed for poor work performance:
1. Amber needs to be evaluated, instructed, trained, guided or counselled if needed to perform her duties during
this period.
2. It is the responsibility of company ZZZ to clarify to the Amber what the standard is and where she falls short.
3. Amber will need to be assisted and given an opportunity to improve.
4. Amber’s progress should be measured and feedback must be communicated.
5. The nature of Amber’s job will determine the required assistance and the period of probation.
6. Amber needs to be given the opportunity to respond to the allegations, and she may be assisted by a union
representative or co-employee before she can finally be dismissed based on poor work performance.
Contrary to popular belief, probationary employees can not simply be dismissed with 24 hours’ notice and without
any regard to procedure. Like Amber, all probationary employees are protected against unfair dismissal and are
protected by the Basic Conditions of Employment Act and the Labour Relations Act.
Poor work performance after probation:
After an employee has been permanently appointed an employer should consider other solutions than dismissal of
the employee for poor work performance. Before a Joshua can be dismissed on this basis, company ZZZ should:
1. Investigate to determine the reasons for the unsatisfactory performance
2. Give appropriate evaluation, instruction, guidance or counselling
3. Give Joshua a reasonable period of time to improve
4. If Joshua the continues to perform unsatisfactorily, he can be dismissed for poor work performance
5. During this process Joshua has the right to be heard and to be assisted by a union representative or a co-
employee.
Question 2:
The substantive requirements to be met for the dismissal to be fair include:
1. John must have contravened a rule or regulating conduct in or with relevance to the workplace.
2. The above mentioned rule must be valid and reasonable. This is normally determined with reference to the
needs of the workplace and business.
3. John must have been aware of the rule, or he could have reasonably been expected to have been aware of it.
John can only be punished if he knew that the conduct was unacceptable and that a transgression of this rule
can lead to dismissal.
4. The municipality, as the employer, must consistently apply the rule. No rule can be enforced if it has been
previously ignored.
5. Dismissal must be an appropriate action for contravention of the rule. The appropriateness of dismissal as a
penalty will depend on John’s circumstances, including:
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