For an employer, addressing issues of clashing personalities within the workplace is a problem probably as old as time itself. The unfortunate reality is that sometimes people who work together simply don’t get along, and the employer is expected to sort out the problem.

Incompatibility can manifest in numerous forms. An employee may find it difficult to “fit in” to the workplace environment and relate poorly to his employer, colleagues or even the employer’s clients. It may also happen that an employee’s behaviour is of such a nature that they are incompatible with their colleagues. An employee may even become disgruntled about disciplinary action taken against them and retort by becoming uncooperative with their superior. Some of these examples may fall within the realm of misconduct. However, it is generally accepted that where an employee’s personality is of such a nature that it causes workplace disharmony, these cases should be dealt with as “incapacity relating to poor work performance”.

There are a host of causes why an employee performs poorly. Generally, poor work performance is measured in terms of productivity or the ability to meet the employer’s performance standard. Other forms of poor work performance are, however, recognised; these include unsuitability (where an employee’s character renders them unsuitable to the working environment or the position for which they’re employed) or incompatibility (a species of incapacity and relates essentially to the subjective relationship of an employee and other co-workers, within the employment environment, regarding the employee’s inability or failure to maintain cordial and harmonious relationships with their peers) – Labour Relations Law 4th edition – D DuToit at Pg 402.

Employers maintain the prerogative to set standards pertaining to the harmonious interpersonal relationships at the workplace. To give effect to this, and considering the guidelines as set out in Schedule 8 of the Labour Relations Act, an employer should:

  • Evaluate the seriousness and nature of the problem.
  • Assist the employee in overcoming their personal difficulties.
  • Identify and propose, with the employee, remedial action to resolve the issue.
  • Allow the employee an opportunity to correct their behaviour and make their own proposal as to how the situation may be resolved.
  • If the employee is still unable to fit in with the employer’s corporate culture, despite all attempts to address the problem, the employer can terminate the employee’s services.

Notwithstanding the above, historically, it has been difficult for employers to prove cases for fair dismissal relating to incompatibility. It is very rare that a single event would give rise to such an allegation by the employer. Thus, the employer must prove the employee’s behaviour was ongoing and objectively unacceptable. The employer would further need to convince the relevant dispute resolution forum that all steps were taken to address the problem prior to the termination of the employment contract.

Article by Stephen Kirsten

Provincial Manager at Consolidated Employers Organisation (CEO SA)