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“…the employer has a duty to investigate all possible alternatives short of dismissal, and this duty accords with the onus of proving the fairness of the dismissal” (extract from judgment below)
An employee who fails to perform adequately at work is by definition not fulfilling his or her side of the employment bargain, but that doesn’t mean that dismissal is necessarily an appropriate remedy.
Guidelines for dismissal
The onus is on you as employer to prove that the dismissal was fair, and the “Code of Good Practice on Dismissals” provides these guidelines –
“Any person determining whether a dismissal for poor work performance is unfair should consider –
A good example of how that works in practice comes from a recent Labour Law judgment…
The sales reps fired for missing their targets