Poor Work Performance Dismissal in South Africa: Employer’s Guide

Poor performance dismissal and incapacity dismissal are often mishandled by employers, mainly because they are incorrectly treated as misconduct. In Episode 2, Christo van Niekerk, Managing Director and Victoria Ridgard, Senior Candidate Attorney, explain the correct legal approach and the importance of following a fair, structured process.

Poor Performance vs Misconduct: What Is the Difference?

Poor performance is not misconduct. It refers to an employee’s inability to meet required standards, despite effort. Incapacity is broader and includes ill health or injury that affects job performance.

Misclassifying poor performance as misconduct is a common mistake that often results in procedurally unfair dismissals.

Can an Employee Be Dismissed for Poor Performance?

To justify dismissal for poor work performance, an employer must show that:

• A clear performance standard existed 
• The employee was aware of the standard 
• The standard was reasonable and achievable 
• The employee failed to meet the standard 

Unrealistic targets or unclear expectations will not withstand scrutiny at the CCMA.

What Is the Correct Poor Performance Dismissal Procedure?

Unlike misconduct cases, poor performance dismissals require a structured and supportive process over time.

Employers must:

• Identify and communicate performance issues 
• Provide guidance and training 
• Implement a Performance Improvement Plan 
• Allow sufficient time for improvement 
• Conduct regular performance reviews 

A performance improvement plan in South Africa typically unfolds over several weeks, and the whole process must be properly documented.

What Is an Incapacity Dismissal Due to Ill Health?

Dismissals related to ill health or injury, known as medical incapacity dismissals, require even greater care. 

In an incapacity due to ill health procedure in South Africa, employers must:

• Investigate the extent of the incapacity 
• Consult with the employee 
• Consider reasonable accommodation 

Examples of accommodation include adjusted working hours, remote work, or reassignment to a different role.

Dismissal should only be considered when all reasonable alternatives have been exhausted.

Common Mistakes When Dismissing an Employee for Poor Performance

Employers often try to fast track dismissals by labelling poor performance as misconduct. This shortcut is legally flawed and frequently leads to adverse CCMA outcomes.

How Employers Can Reduce the Risk of an Unfair Dismissal Claim

Poor performance and incapacity dismissals require patience, support, and a well documented process. Employers who follow the correct approach reduce legal risk and improve workplace outcomes.

View the full discussion on poor performance and incapacity dismissals here:

Before initiating a poor performance or incapacity process, employers should seek legal guidance to ensure compliance with labour law requirements.

CVN Attorneys provides expert support in performance management, incapacity proceedings, and fair dismissal processes, helping businesses avoid costly CCMA disputes.

Contact CVN Attorneys