820 Substantive fairness in poor performance dismissals

820 Substantive fairness in poor performance dismissal

Table of Contents

1. The elements of a fair dismissal on the ground of poor performance
2. The employee is subject to a performance standard
3. Assessment of performance during probation
4. Senior managers, highly skilled or professional employees and poor performance.
5. Examples of performance standards

5.1      Agreed targets

5.2      Set targets

5.3      Standards which the employee is expected to be able to maintain as a result of qualifications or experience

6. The employee failed to meet the required performance standard
7. The reason why the employee failed to meet the standard was because his performance was poor
8. The standard or target set by the employer was reasonable
9. The employer applied the standard consistently
10. The employee was given appropriate evaluation, instruction, training, guidance or counselling by the employer
11. The employee was aware of the performance standard, or that the employee could reasonably be expected to be aware of the performance standard
12. That the employee was given a fair opportunity to meet the required performance standard
13. That the sanction of dismissal is appropriate