Dismissals for poor work performance fall under the category of incapacity and must be handled in line with the principles of fairness outlined in the Code of Good Practice: Dismissal under the Labour Relations Act.
This infographic provides a clear framework for determining whether a dismissal related to poor performance is substantively and procedurally fair. It highlights the criteria used to assess unfair dismissal disputes, along with key case law illustrating how the CCMA and courts interpret these requirements.
By Simphiwe Ndaba
Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)