In this article, we will talk about the disciplinary dismissal for poor performance, so that you take into account the causes that may affect the termination of your employment relationship.
What is disciplinary dismissal for poor performance?
El disciplinary dismissal for poor performance It consists of a sobering measure where the employee loses his job without receiving any kind of compensation. However, this action is not applied in cases of little training or work experience, because it is something that must be established in the interview and personnel selection stage.
What does disciplinary dismissal for poor performance entail?
Poor performance often shows up as an inability to meet the rules and expectations of your role, repeated mistakes on the job, or failing to ensure that work is completed within the required time frame.
It is included under the broad heading of disability, which represents a growing problem, which is related to poor job performance or the inability of the employee to reach and maintain the work standards established by the employer, in terms of quantity and quality. of the production. It is implicit in all employment contracts that the employee undertakes to perform in accordance with the reasonable, legal and achievable statutes required in the company.
If the worker does not fulfill his duty, then he is said to be incapable and the employer has the right to dismiss him, after following a fair procedure and ensuring that the dismissal is for a justified reason. The most common reasons for poor performance include:
- Misunderstandings of job standards and expectations.
- Lack of sufficient training or support.
- Personal reasons or illnesses.
- Low morale or job satisfaction.
- Work-related stress.
- Workplace Harassment.
How to manage poor performance?
Poor performance can be resolved informally or formally, depending on the severity of the problem. In some cases, a little extra verbal feedback and mentoring is enough, while others require a more structured approach.
A performance improvement plan is an effective long-term strategy that helps employees identify their weak areas and get the help they need to improve their performance. By following the procedure with care and respect for the individual needs of the employee, it is possible to resolve these conflicts and maintain a positive working relationship.
If the plan doesn't work, you need to assign the worker to a different job or consider firing. This last option should only be considered if all other avenues have been exhausted.
How to fire an employee for poor performance?
When firing an employee for poor performance, the law requires employers to do so fairly. This means giving the employee a reasonable opportunity to improve his or her performance before taking disciplinary action such as termination.
Reasonable opportunity for improvement means making the worker aware of poor performance, providing additional training and support if necessary, ensuring that he knows exactly what is expected of him, and allowing sufficient time, before disciplinary procedures are considered, and The dismissal.
Knowing how to terminate for poor performance is essential, as failing to give an employee a reasonable opportunity to improve poor performance before their contract ends can constitute wrongful or unjustified termination. There is a subtle difference between the two terms:
- Unfair dismissal: The reason you gave for the dismissal was false; the reason was genuine, but unfair, or acted unfairly by failing to warn you of the termination and the opportunity to avoid it.
- Unjustified dismissal: You have breached the conditions of your contract with the employee by dismissing him; for example, by not using the specified number of warnings or by firing without warning beyond the agreed trial period.
If a worker believes they have been wrongfully or unjustly fired, they can file a lawsuit against the company in an employment tribunal.
Procedure in disciplinary dismissal for poor performance
The dismissal must be preceded by a fair procedure (procedural fairness) and carried out for a just reason (substantive impartiality). A fair procedure includes:
- Establish that the problem is poor performance and not misconduct.
- Identify the causes of poor performance.
- Gather the employee and his hierarchical superior to establish the causes of poor job performance.
- Obtain and evaluate the reasons of the worker that influence poor job performance.
- Get the employee's commitment regarding the steps they will take to correct the problem.
- Inform the worker of the measures that the employer will take to help in the process.
- Agree on a reasonable period of time to improve.
- Track all progress.
The employer will achieve procedural fairness by following the corresponding procedures, while substantial impartiality will occur when it proves that the worker did not actually meet the established standard, despite having received the necessary advice, training, orientation and evaluation, and despite being given a reasonable period of time to achieve and maintain the required level. Therefore, the only option left was dismissal.
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