Is there a difference between misconduct and poor performance procedures?

Simangele Mzizi, Fsp Business, 31 Jul. 2014

Tags: difference between misconduct and poor performance procedures, poor performance procedures, misconduct procedures, poor performance, misconduct

It seems like some employers still confuse poor performance with misconduct and vice versa.

The number of questions our labour experts get regarding these issues is proof of this.

In fact, this week, our experts got a question from an employer who wants to know if there’s a difference between misconduct and poor performance procedures.

If you want to know the answer too, keep reading so you can deal with misconduct and poor performance effectively.

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Here’s the answer if you want to know whether or not there’s a difference between misconduct and poor performance procedures

Misconduct and poor performance are two different things. As a result, procedures for dealing with these two are also different.

Misconduct procedure: The Labour Law for Managers Loose Leaf Service says where the misconduct is serious and where dismissal is possible you need to give your employee a fair disciplinary hearing.

You must inform him well in advance of the allegations so he can prepare a proper defence before the disciplinary hearing.

If the offence isn’t serious, you can give your employee progressive warnings, which may then culminate in a disciplinary hearing if he doesn’t heed the warnings.

Now that you know the procedure for misconduct, take a look at a poor performance procedure.

Poor performance procedure: In carrying out a poor performance management procedure you should:

  • Investigate the reasons for the unsatisfactory performance;
  • Check that the performance standard your employee has failed to meet was reasonably achievable;
  • Help your employee to achieve the standard you require (For example, give guidance, training and counselling); and
  • Give your employee a reasonable time to improve.

We just scratched the surface about the difference between misconduct and poor performance procedures. To get a comprehensive breakdown of these two issues (misconduct and poor performance), check out Labour Law for Managers Loose Leaf Service so you can deal with them effectively.

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