How to Handle a Poorly Performing Employee
HR and Labor Consultant, Willie Van Heerden shared pertinent advice to a group of business owners at a recent Business to Business Network Event facilitated by B Square Financial. Van Heerden learnt valuable lessons on how to handle difficult employees while managing a business unit of 7000 employees, including unionized laborers, upper and middle management at AngloAshanti Mines.
POOR WORK PERFORMANCE – CCMA GUIDELINES
GENERAL
SA labour laws recognise that an employer may require work performance of an acceptable standard, and that employees should be protected against unfair treatment.
The principles outlined here serve as a guideline only as workplaces differ in size and nature, and these aspects may determine the appropriate steps to be taken.
Most of the guidelines relate to a supervisor being “in charge” of setting the standards and measuring performance, and my advice will be for co-employees who are unhappy with the outputs or performance of his/her co-employees, to report such to the immediate supervisor for investigation and or use of the grievance procedure.
SETTING STANDARDS
The supervisor will set performance standards which an employee is required to meet. Standards must be relevant to the workplace, reasonable and more than one performance standard may be required depending on the job.
The standard should be known to an employee (or he/she should reasonably be expected to know it). The standard may be communicated verbally (e.g. meeting with manager / supervisor or through a training process), in writing (e.g. memo or letter of appointment) or may be known through practice and custom.
Performance standards will vary according to the nature of the business e.g. taking accurate messages, reaching a sales target, meeting a budget deadline or drilling to standard.
ASSESSING EMPLOYEE PERFORMANCE
The employee’s work performance may now be measured against the set and known standard. If the employee fails to meet the standard, the employer should:
- Inform the employee that his/her work performance does not meet required standards.
- Give the employee feedback. Depending on the nature of the job, evaluation, training, instruction and guidance aimed at improved performance and/or meetings, conversations and/or counselling should take place. It is critical that this process be documented in writing.
- Given the introduction of the above measure to improve performance, an employee should be given a reasonable time to improve. It is recommended that a programme of regular feedback sessions e.g. weekly, with a supervisor, be introduced for this period. The level of performance achieved during the shorter periods under review may be recorded in writing for future reference.
FURTHER ACTION REQUIRED
If the performance is still poor after a reasonable time, the immediate supervisor should communicate the following to the employee and place the discussions in writing:
- That the expected standard has still not been met
- The seriousness of the matter and that the employee may be disciplined / dismissed for poor performance.
The immediate supervisor with the assistance of the HR department (where relevant) should then launch an investigation, with the purpose of determining “the reasons for the poor performance “to consider whether any alternative exists, e.g. changing some aspects of the job or offering the employee another position (where possible and feasible).
During the investigation, the employee must get an opportunity to state his/her case. If the employee so wishes, a fellow employee or trade union representative may assist in this regard.
In line with the spirit of correction and gradual discipline, the supervisor may issue the employee with (in order of severity, keeping in mind that all these steps do not have to be followed, and will depend on the seriousness or type of transgression): informal discussions, counselling, verbal and written warnings to emphasize the seriousness of the problem.
Should the employer contemplate disciplinary action / dismissal, a formal disciplinary hearing should be held during which *the charge must be put to the employee, *she/he must be given an opportunity to state his/her case, *the employee may be assisted by a fellow employee or a union member. It is important at this hearing to establish whether dismissal is the appropriate penalty or whether an alternative exists eg. a demotion.
Where there are disciplinary action / dismissible offences due to misconduct / poor work performance, the following questions must be asked:
Is there a:
- RULE (eg disciplinary code / policies & procedures) / achieving targets / standards)
- Was the rule transgressed?
- Is the RULE known?
- Is the RULE consistently applied & fair?
- Is a dismissal appropriate / is the sanction appropriate?
In cases of misconduct, the intent should be to change behaviour. Where there are dismissible offences due to poor work performance, the intent is to change the performance output of an employee.
In such a case (poor work performance), questions should be asked:
Is there a:
- STANDARD / TARGET: (eg. Drilling to standard)
- Is the STANDARD / TARGET known?
- Was the STANDARD / TARGET not maintained?
Further questions to be asked:
- Have you retrained?
- Have you given regular feedback?
- Have you given reasonable time to improve performance?
Dismissals should be the last resort as an immediate action unless the poor work performance relates to a direct safety and health transgression which endangers the life of the employee or fellow colleagues.
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