Schedule 8: Code of Good Practice: Dismissal
8. Incapacity: Poor work performance

 

  1. A newly hired employee may be placed on probation for a period that is reasonable given the circumstances of the job. The period should be determined by the nature of the job, and the time it takes to determine the employee's suitability for continued employment. When appropriate, an employer should give an employee whatever evaluation, instruction, training, guidance or counselling the employee requires to render satisfactory service. Dismissal during the probationary period should be preceded by an opportunity for the employee to state a case in response and to be assisted by a trade union representative or fellow employee.

  1. After probation, an employee should not be dismissed for unsatisfactory performance unless the employer has-

    1. given the employee appropriate evaluation, instruction, training, guidance or counselling; and

    2. after a reasonable period of time for improvement, the employee continues to perform unsatisfactorily.
  2. The procedure leading to dismissal should include an investigation to establish the reasons for the unsatisfactory performance and the employer should consider other ways, short of dismissal, to remedy the matter.

  1. In the process, the employee should have the right to be heard and to be assisted by a trade union representative or a fellow employee.