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Dismissal Letter For Poor Performance for South Africa

Dismissal Letter For Poor Performance Template for South Africa

A formal document issued under South African labor law to terminate employment based on poor performance. This document represents the culmination of a performance management process that must comply with the Labour Relations Act and Code of Good Practice. It details the performance issues, improvement attempts, and final decision to terminate employment, while ensuring procedural and substantive fairness. The letter must demonstrate that the employee was given adequate opportunity to improve, received proper support and guidance, and that the decision to dismiss was reasonable under the circumstances.

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Dismissal Letter For Poor Performance

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What is a Dismissal Letter For Poor Performance?

A Dismissal Letter For Poor Performance is a crucial document in South African employment law that formalizes the termination of employment following documented performance issues. It is used when an employee has consistently failed to meet required performance standards despite being given reasonable opportunity to improve through performance improvement plans and support measures. The document must comply with the Labour Relations Act 66 of 1995 and its Code of Good Practice, which require evidence of fair procedure, including performance evaluations, warnings, and appropriate guidance. This letter serves as the final step in the performance management process and must demonstrate that the dismissal is both substantively and procedurally fair, protecting both the employer's interests and the employee's rights under South African law.

What sections should be included in a Dismissal Letter For Poor Performance?

1. Letter Header: Company letterhead, date, reference number, and marked 'Private and Confidential'

2. Employee Details: Full name, employee number, position, and department of the employee

3. Subject Line: Clear indication that this is a notice of dismissal for poor performance

4. Performance History: Summary of performance issues identified and documented

5. Improvement Efforts: Details of performance improvement plans, counseling sessions, warnings issued, and support provided

6. Formal Meetings: Dates and outcomes of performance review meetings and formal hearings

7. Dismissal Decision: Clear statement of dismissal decision and reasons

8. Notice Period: Specification of notice period or payment in lieu of notice

9. Final Arrangements: Information about final salary, benefits, and company property return

10. Right to Appeal: Information about the employee's right to appeal the decision and the process to follow

What sections are optional to include in a Dismissal Letter For Poor Performance?

1. Reference Offer: Optional section offering to provide a reference letter, if company policy allows

2. Confidentiality Reminder: If applicable, reminder of ongoing confidentiality obligations

3. Restraint of Trade: If applicable, reminder of existing restraint of trade obligations

4. Outstanding Loans: If applicable, arrangements for settlement of any company loans or advances

5. Medical Aid Extension: If applicable, information about extended medical aid benefits

What schedules should be included in a Dismissal Letter For Poor Performance?

1. Performance Timeline: Detailed timeline of performance issues, warnings, and improvement attempts

2. Final Payment Calculation: Breakdown of final payment including notice pay, leave pay, and any other amounts

3. Company Property List: List of company property to be returned

4. Previous Written Warnings: Copies of all formal written warnings issued

5. Performance Improvement Plan: Copy of the performance improvement plan and evaluation results

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Employment Letter

Cost

Free to use
Relevant legal definitions




















Clauses

















Relevant Industries

Financial Services

Manufacturing

Retail

Technology

Healthcare

Education

Construction

Mining

Professional Services

Hospitality

Telecommunications

Agriculture

Transport and Logistics

Energy

Public Sector

Relevant Teams

Human Resources

Legal

Employee Relations

Compliance

Industrial Relations

Operations

Department Management

Relevant Roles

Human Resources Director

HR Manager

HR Business Partner

Legal Counsel

Employee Relations Manager

HR Operations Manager

Department Manager

Line Manager

Supervisor

Chief Human Resources Officer

Industrial Relations Manager

Compliance Officer

HR Administrator

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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