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Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 78

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 78

Page	78 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 65 of 66, Notice No. 5, Labour Relations Act, 1995 » Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades » Extension to non-parties of the Main Collective Agreement

78    No. 44058              GOVERNMENT GAZETTE, 8 JANUARY 2021

9.     GUIDELINES IN CASES OF DISMISSAL FOR POOR WORK PERFORMANCE

Any person determining whether a dismissal for poor work performance is unfair should

consider -
                                (a) whether or not the employee failed to meet a performance standard: and

(b) Witte employee did not meet a required performance standard whether or not -
                                    (i)   the employee was aware. or could reasonably be expected to have been

aware. of the required performance standard:
                                    (ii)  the employee was given  a fair opportunity to  meet the required

performance standard: and

(iii)  dismissal was an appropriate sanction for not meeting the required
                                          performance standard.

lo.    INCAPACITY: ILL HEALTH OR INJURY

( I)    Incapacity on the grounds of ill health or injury may he temporary or permanent. If an
                           employee is temporarily unable to work in these circumstances, the employer should

investigate the extent of the incapacity or the injury. If the employee is likely to he absent for
                           a time that is unreasonably long in the circumstances. the employer should investigate all the

possible alternatives short of disvnissal. When alternatives are considered. relevant factors

might include the nature of the job, the period of absence. the seriousness of the illness or
                           injury and the possibility of securing a temporary replacement for the ill or injured employee.

In cases of permanent incapacity. the employer should ascertain the possibility of securing
                           alternative employment. or adapting the duties or work circumstances of the employee to

accommodate the employee's disability.

(2)     In the process of the investigation referred to in subsection (I ) the employee should he allowed
                           the opportunity to state a case in response and to be assisted by a trade union representative

or fellow employee.

(3)     The degree of incapacity is relevant to the fairness of any dismissal. The cause of the
                           incapacity may also be relevant. In the case of certain kinds of incapacity. for example

< page 77	View full Gazette No. 44058	page 79 >

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