Schedule 8: Code of Good Practice: Dismissal
9. Guidelines in cases of dismissal for poor work performance

 

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

  1. whether or not the employee failed to meet a performance standard; and

  2. if the employee did not meet a required performance standard whether or not-
    1. the employee was aware, or could reasonably be expected to have been aware, of the required performance standard;

    2. the employee was given a fair opportunity to meet the required performance standard; and

    3. dismissal was an appropriate sanction for not meeting the required performance standard.