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How to manage poor performers learningtemplateslides
1. WHY & HOW
TO MANAGE
POOR
PERFORMERS
ghazali.mdnoor@gmail.com5-Nov-15
Collective Ambition
Planning
Monitoring
Developing
Ethics
Rating
Rewarding
2. As an Appraisee
Complaints about Performance
Appraisals
2
Bias
Different Standards
Surprise
Subjective
No linkage*
No differentiation
Secretive
No follow up
No control
As an Appraiser
Cannot remember
Tedious
Subjective
Right targets
Scoring Competencies*
Defensive staff
No $$ to differentiate
Prejudices
Results or Activities
Flexible or Control?
MBO or Character?
Best Practice or Fit Culture?
Backward or Forward?
Quarterly Results or Long-term?
No $$ to differentiate*
Perfect System, Bad
performance
Recency and Halo effects
Untrained Appraisers
Mgmt/HR
4. Extrinsic motivators became
the standard..
4
Extrinsic motivators assume that people are driven to
maximize rewards and minimize punishment
Manufacturing quotas Sales targets Behavioral ultimatums
5. 5
.. and are very effective at aligning
effort behind routine tasks
Ford announced that he would voluntarily double the
average daily wage while reducing the workday
$2.34
$5.00
$0
$1
$2
$3
$4
$5
Old New
AverageDailyWage@Ford
170
202
0
50
100
150
200
250
Year before Year after
Carsperyear(000s)
6. Extrinsic motivators are far less effective with non-
routine tasks and the reasons for this are numerous..
6
Diminishproblem
solvingability
Foster short term thinking
Encouragecheating
Discourage charitable
behaviour
Create dependence
7. Support for a change?
7
Purpose
Adam Grant
“Give and Take” Book
3 types of people
"Whereas takers strive to get as much as possible from others,
and matchers aim to trade evenly, givers are the rare breed of people who
contribute to others without expecting anything in return. These styles have a dramatic
impact on success. Although some givers get exploited and burn out, the rest achieve
extraordinary results across a wide range of industries."
8. Subsequent research led to a more complete
understanding of intrinsic motivation
8
Components of intrinsic motivation
1. Desire for autonomy
2. Desire to master skills
3. Desire to belong to a something
4. Desire for sense of purpose
9. 1. Desire for autonomy
9
Toyota was responsible for leading operations but GM insisted
that all employees had to come from
previous Fremont talent pool
Toyota’s operating philosophy emphasized human
development, empowerment, continuous
improvement and mutual trust
If problems emerged on the floor, Toyota expected workers to
act like owners and stop the line to fix the
problem
12. 4. Desire for sense of purpose
12
There are 3 different drivers of human
motivation:
1.The physiological drive for food, water and
sex
2.The extrinsic drive to maximize rewards
and minimize punishment
3.The intrinsic drive for self actualization
13. Think about the best
job you ever had?
How would you
articulate why you loved
it?
14. 69%of employees would work harder if they were
better recognized.
The bottom line:The impact of employee engagement on company performance
14
“Employee
recognition
is the number one factor
when motivating employees
in the workplace.”
No.1
17. “…in the past 18 months, we have heard that profit
is more important than revenue,
quality is more important that profit, people are
more important than profit, customers are
more important than our people, big
customers are more important than small
customers, and that growth is the key to
our success. No wonder our performance is
inconsistent" CEO, Anonymous
17
18. Before we start…
In the old days of HR…
Average training hours per staff
18
%ofstaff
attending
training# of training programmes
% of training
programmes
conducted
Trainingneeds
analysis
conducted
Competency models developed
Training
budget
as%of
payroll
20. Financial
“To satisfy our stakeholders,
what Financial objectives must
we accomplish?”
Internal Process
“To satisfy our customers, in
which internal business
processes must we excel?"
Customer
“Who are our target
customers?
What is our value proposition?”
Learning & Growth
“What capabilities and tools do
our employees require to help
them execute our strategy?
..focus on corporate alignment
20
21. 1.0 Key
Results Area
(Max 6)
2.0 Goals
and
Targets for
Q1
3.0
Achievement
s and Efforts
for Q1
4.0 Merit*
5.0 Rating
(Merit x
Weight)
6.0 Appraiser
Overall
Comments/
Feedback
Department BSC
21
Goals Measures Targets CAPEX OPEX
Quality
Innovation
On Time Delivery
Financial Perspective
22. Elements that comprise our
organisation’s COLLECTIVE AMBITION:
22
VISION BRAND
PROMISE
CORE
VALUES
PROJECT
MANAGEMENT
DISCIPLINE
PURPOSE
:To create a
WORLD
CLASS user
experience for
CUSTOMERS
through inspired
EMPLOYEES
PLANNING, ORGANISING,
SECURING AND MANAGING
RESOURCES
•within the time, cost, scope and exceeding
quality
•building leadership through LEARNING,
DEVELOPING SELF & OTHERS
•deliver the best product using the BEST
PRODUCTS & SERVICES
USING LATEST SOPS
LEADER BEHAVIOURS
: How leaders will act, day-by-day TO IMPLEMENT vision and strategy as they strive to fulfill their brand promise and live up to their values.
We envision to be and outstanding PROFITABLE
group by CREATING
GROUND BREAKING standards in all our
deliverables with PASSION
AND FULFILLING COMMITMENT
TO BE THE GOLD
STANDARD OF
CUSTOMER SERVICE…
through
• Dedication to the highest
STANDARDS
• Culture of employees
INSPIRED to deliver
extraordinary value in products and
service to the customer
TARGETS & MILESTONES
:The MEASURABLE KPIS used to assess the extent to which the organisation has progressed
toward its vision.
23. Performance Management Plan
23
5 Key Components – a constant cycle
Planning
Monitoring
DevelopingRating
Rewarding
Set measures, establish &
communicate standards
Measure
performance, offer
regular feedback,
performance
reviews
Address poor and
improve good
performance
Summarize
employee
performance,
assign rating
Recognize and
reward good
performance
25. Performance Competencies
25
Tries to measure your actions and
conduct: HOW you do your work
Core Values:
PASSION FOR RESULTS
ACT WITH INTEGRITY
SERVING THE COMMUNITY
TEAMWORK AND RESPECT
FULFILLING THE SPIRIT TO SERVE
ALWAYS INNOVATING
BEST IN QUALITY
28. MBO target setting -
objectives and measures
Specific (definite objective and purpose to be achieved)
Measurable (by definite observation and a certain time one should be able
to tell whether or not it is attained)
Achievable (Must be within reach of the employees, e.g. to meet stated
deadlines, neither too high nor too low)
Rewarding (Rewarding means it must be satisfying to you, no one else)
Time phased (per quarter, per year. By end of fiscal year, by 15th of
November)
28
29. Significant
Is it worth doing, or is it just busy work?
Measurable
Is there a way to tell when it’s done and how well?
Achievable
Is it something the employee can really do?
Relevant
Does it support the group’s (and therefore the Lab’s) goals?
Timely
Can it be completed within the reporting period?
Weak verbs
Who is actually
accountable?
Lots of room for
disagreement
No standard or
time frame
Not-so-SMART expectations..
29
Assist in keeping ABC magnet array functioning. Line Employee
Take the lead in troubleshooting magnet problems. Team Leader/Supervisor
30. Measurable verbs
Appropriate to
level of rate
Room to excel
Reasonable
time frame
Assist in keeping ABC magnet array functioning. Line Employee
Take the lead in troubleshooting magnet problems. Team Leader/SupervisorEnsure causes of system failures in the ABC magnet array are identified and eliminated within 24
hours of notification by Accelerator Operations. Team Leader/Supervisor
Identify and eliminate causes of system failures in the ABC magnet array within 24 hours of
notification by supervisor or Crew Chief. Line Employee
..make it SMART
30
Significant
Is it worth doing, or is it just busy work?
Measurable
Is there a way to tell when it’s done and how well?
Achievable
Is it something the employee can really do?
Relevant
Does it support the group’s (and therefore the Lab’s) goals?
Timely
Can it be completed within the reporting period?
31. Pre-appraisal
31
The employee starts the appraisal
year at on target
performance level!
In order to excel, the employee needs to
know the game rules.
32. 32
Both the appraisal process and
progressive discipline are in place in order
that at the time of the final appraisal there should be
no surprises to the employee. During the appraisal
period the employee is to be made aware by
the rating supervisor of
weaknesses in their performance or undesired
behaviour.
No Surprises!
33. Choose your words wisely
33
ACTION VERBS OBJECT WEAK WORDS EVALUATION
Produce …plan, system Assist Outstanding
Create …method, procedure Support Superior
Improve …process, performance Lead Excellent
Complete …project Oversee Peerless
Repair …equipment, system Monitor Weak
Learn …task, procedure Coordinate Poor
Collect …data, input, consensus Help Unique
Document …procedure Manage
Inspect …equipment, system Multiple
Solve …problem Various
Develop …training, solution Quality
Implement …program, process Expert
Eliminate …backlog, problem Often
34. Communicating
34
Be honest and caring
– Find something positive to say if you can
– Call a spade a spade; sweeping mediocre performance under the rug is a minefield
– Use specific examples, both good and bad
• Much easier if expectation was SMART
– Focus on performance, not personality
You’re a great guy
Everyone likes you
You’re lazy
You’re not the sharpest knife in the drawer
I don’t like your attitude
You don’t seem to care about anyone else
You’ve been late 8 times in the past month
I have had to correct your work too many times
The magnet engineer says he can’t do without
you
Why do you keep asking for more project funds?
You beat that deadline by 2 weeks
I’m impressed with your accuracy
35. 35
A 2-way conversation between employee and supervisor.
A clarification and explanation
–Examples of going “above and beyond”
Employee’s signature denotes
discussion, not necessarily agreement
Coaching To Improve Poor Performance
40. 1. Identify
performance issue
2. Assess time/effort
3. Are they aware of
the issue?
6. Do they know how
to do their job?
5. Are there outlying
factors?
4. Do they know what
is expected of them?
7. Do negative
consequences follow
good performance?
8. Do positive
consequences follow
nonperformance?
9. Could they do it if
they wanted to?
Conducting the
coaching ANALYSIS
40
41. Fournies process
41
•Define consequences for supervisor, coworkers, and the employee
themselves
•Discussion should not continue beyond this point until problem is
acknowledged
1. Employee acknowledges
problem
•Employees more committed to alternatives they came up with
•Supervisor should help employee come up with these/clarify them
2. Discuss alternative
solutions to problem
•Supervisor helps employee understand what should be done/what will
happen
•Agree on time to follow up
3. Agree on actions to be
taken to solve problem
•Determine if employee has been progressing toward goal
•Important to let employee know that supervisor cares
4. Follow up to measure
results
•Motivates employee to continue on their path toward improvement5. Recognize achievements
when they occur
42. Coaching DISCUSSION
42
Used to maximize employee performance;
used in performance appraisals/when
issues arise
2 different approaches:
1. Kinlaw Process- emotional aspect;
how to deal with employee emotions and
resistance
2. Fournies Process- rational aspect;
employee that is presented with evidence
of a problem will accept its reality
If unsuccessful, supervisor can:
Transfer employee
Terminate employee
Confronting
or presenting
• Limit negative emotion
• Identify performance needing
improvement
• Establish goal to help employee
change
Reactions to
develop info
• Employee disclosing concerns
• Use concerns to agree on
problem/causes
Resolution
• Employee takes ownership
• Express commitment to establishing
open relationship
43. 43
while formally documented, is
NOT a step in the discipline
process and does not deduct points
from the final appraisal.
Counselling
44. WHY & HOW
TO MANAGE
POOR
PERFORMERS
ghazali.mdnoor@gmail.com5-Nov-15
Collective Ambition
Planning
Monitoring
Developing
Ethics
Rating
Rewarding
46. 1. Be honest with yourself…not how you would like to be.…but how you are
2. Focus on how you are in the work environment…..NOT home
3. You have to pick ONE of the four in each set
46
a. ____Competitive
b. ____Joyful
c. ____Considerate
d. ____Harmonious
a. ____Tries new ideas
b. ____Optimistic
c. ____Wants to please
d. ____Respectful
a. ____Will power
b. ____Open-minded
c. ____Cheerful
d. ____Obliging
a. ____Daring
b. ____Expressive
c. ____Satisfied
d. ____Diplomatic
a. ____Powerful
b. ____Good Mixer
c. ____Easy on others
d. ____Organized
a. ____Restless
b. ____Popular
c. ____Neighborly
d. ____Abides by rules
a. ____Unconquerable
b. ____Playful
c. ____Obedient
d. ____Fussy
a. ____Self-reliant
b. ____Fun-loving
c. ____Patient
d. ____Soft-spoken
a. ____Bold
b. ____Charming
c. ____Loyal
d. ____Easily led
a. ____Outspoken
b. ____Companionable
c. ____Restrained
d. ____Accurate
a. ____Brave
b. ____Inspiring
c. ____Submissive
d. ____Timid
a. ____Nervy
b. ____Jovial
c. ____Even-tempered
d. ____Precise
Your Personal Profile
47. a. ____Stubborn
b. ____Attractive
c. ____Sweet
d. ____Avoid
a. ____Decisive
b. ____Talkative
c. ____Controlled
d. ____Conventional
a. ____Positive
b. ____Trusting
c. ____Contented
d. ____Peaceful
a. ____Takes risks
b. ____Warm
c. ____Willing to help
d. ____Not extreme
a. ____Argumentative
b. ____Light-hearted
c. ____Nonchalant
d. ____Adaptable
a. ____Original
b. ____Persuasive
c. ____Gentle
d. ____Humble
a. ____Determined
b. ____Convincing
c. ____Good-natured
d. ____Cautious
a. ____Persistent
b. ____Lively
c. ____Generous
d. ____Well-disciplined
a. ____Forceful
b. ____Admirable
c. ____Kind
d. ____Non-resisting
a. ____Assertive
b. ____Confident
c. ____Sympathetic
d. ____Tolerant
a. ____Aggressive
b. ____Life-of-the-party
c. ____Easily fooled
d. ____Uncertain
a. ____Eager
b. ____High-spirited
c. ____Willing
d. ____Agreeable
1. Be honest with yourself…not how you would like to be.…but how you are
2. Focus on how you are in the work environment…..NOT home
3. You have to pick ONE of the four in each set
47
48. Scoring your Personal Profile
48
a =
b =
c =
d =
1. Count the number of “a”s that you marked. Write that number in the Tally Box
marked “a”. Do the same with letters b,c,d.
2. On the a scale, draw a line through the number on the bar graph that
corresponds with your total number of “a”s. That forms the end line of your
bar graph.
3. Shade in the space in the “a” bar graph, up to your end line
4. Do the same for b,c,d. The total of a,b,c,d, should =24.
5. The longest bar is your predominant style.
Tally Box
0 1 2 3 4 5 6 7 8 9 10 11 12 14 16 18
0 1 2 3 4 5 6 7 8 9 10 11 12 14 16
0 1 2 3 4 5 6 7 8 9 10 12 14 16
0 1 2 3 4 5 6 7 8 9 10 12 14
49. Assertiveness + Responsiveness =
Work Style
Less responsive:
Controls Emotions
More responsive:
Emotes
Driver (a)
Expressive (b)
Analytical (d)
Amiable (c)
49
Low
Assertive:
Asks
High Assertive:
Tells
Behavioral clues:
Pace of speech
Quantity of speech
Volume of speech
Hand motions
Body posture
Eye contact
Behavioral clues:
Emotion in voice
Topics of conversation
Descriptive
Hand motions
Body posture
Facial expression
50. 50
The Driver: Action Oriented
Perceived positively as:
Decisive
Independent
Practical
Determined
Efficient
Assertive
Risk taker
Problem solver
Direct
The Expressive: Intuition Oriented
Perceived positively as:
Verbal
Inspiring
Ambitious
Enthusiastic
Energetic
Confident
Friendly
Influential
Perceived negatively as:
A talker
Overly dramatic
Impulsive
Undisciplined
Excitable
Egotistical
Flaky
Manipulating
Perceived negatively as:
Pushy
One man/woman show
Tough
Demanding
An agitator
Cuts corners
Insensitive
52. (Primary Effort)
Works quickly and
alone
(Secondary Effort)
Impresses others with
individual effort
Behavior directed
toward achievement
in an interpersonal
setting
Behavior directed
toward acceptance
in an interpersonal
setting
(Primary Effort)
Works carefully and
alone
(Secondary Effort)
Impresses others with
precision and
knowledge
(Secondary Effort)
Works quickly and
with others
(Primary Effort)
Impresses others as
exciting member of
the group
(Secondary Effort)
Works slowly and with
team
(Primary Effort)
Gets along as integral
member of the group
Priorities – achieve first or
be accepted first
52
Driver Analytical Expressive Amiable
53. Back-up ModeLow responsiveness
High responsiveness
High
Assertiv
e
Low
Assertive
Driver
Expressive
Analytical
Amiable
Back-up behavior:
Autocratic
Back-up behavior:
Attack
Back-up behavior:
Acquiesce
Back-up behavior:
Avoid
53
54. How to Work Better with Other Styles…..
the key is versatility!
54
When working with analytical:
Tell HOW first
Provide data (graphs, stats etc)
List pros and cons
Be accurate, logical
Give them time
Provide deadlines
Don’t rush or surprise
When working with Driver:
Tell WHAT first
Keep faced paced (efficient)
Don’t waste time (get to the point!)
Be businesslike
Give them choices (allows them to control
Talk results
When working with Amiable:
Tell WHY first
Use friendly tone of voice, lots of eye contact
Ask vs. tell them
Draw out their opinions
Explore personal life
Define expectations
Strive for harmony
Avoid deciding everything for them
When working with Expressive:
Tell WHO first
Keep it fast paced, direct eye contact
Be enthusiastic, allow for fun
Support creativity, intuition
Talk about the big picture, (not the details)
Handle the details for them
Value feelings and opinions
Be flexible
55. “Growth Actions” to improve your versatility
55
If you are an Analytical:
Declare, take a stand, make a decision
Show emotional support for the feelings of others
Show some excitement and involvement in a relationship
Talk personally with people about their ideas, not dwell strictly
on technical and abstract subjects
If you are a Driver:
LISTEN
Build cooperation into work relationships, talk about other
people’s ideas
Avoid the temptation to answer every question immediately
Learn to make social small-talk!
If you are an Amiable:
Initiate action, provide some direction and stick to goals and
objectives
Limit the extent to which you pull others into your personal
matters
Keep communication more in line with business manners
If you are an Expressive:
Check, slow down enough to consider the facts and feelings of
others
Center conversation less on self
Tone down emotional reactions by presenting factual information
and assist in defining goals
Talk more slowly and less during stressful situations
56. Question
56
Coaching is a process that encourages employees to take responsibility for their own
actions, to achieve and sustain superior performance, and __________________________.
a)To succeed at whatever the cost
b)To treat employees as partners in
working toward organisational
goals and effectiveness
c)To motivate employees by using
incentives (i.e., bonuses, more Paid
Time Off)
57.
58. 58
4 = Consistently Exceeds Standards
Consistently and clearly exceeded requirements for the position over the 12 months of the
year
3 = Exceeds Standards
Frequently exceeded expected results with little or no supervision on routine tasks
2 = Meets Standards
Performed in a fully competent manner and met goals.
1 = Partially Meets Standards
Results were not routinely met and supervision was often required
0 = Does Not Meet Standards
Performance required close supervision on tasks where the employee should be
operating independently
60. Expectations and
consequences1. Expectations for conduct and behaviour should be stated within the Employee Handbook and restated regularly, verbally and
in writing
2. Employees should understand the consequences of misconduct and undesirable behaviour
List specific consequences within the same document that states behaviour and conduct
expectations.
Statements of consequences should include steps that will be taken within the
workplace discipline policy.
60
66. Basic elements of progressive
discipline
66
1. Educating employees
2. Educating managers
3. Investigations
4. Following the steps
Verbal warning
Written warning
Suspension
Termination
5. Documentation
67. 67
In deciding the nature of disciplinary action to be meted out, consideration to be taken into account:-
1. The severity of the misconduct committed.
2. The extent to which the employee is responsible.
3. The circumstances under which the misconduct was committed.
4. The past record of the delinquent employee, including his length of service.
5. Bad past record would be aggravating and good past record would be mitigating.
Disciplinary Action
The investigation should produce substantial evidence of misconduct.
Rules, orders or penalties should be applied evenhandedly.
The penalty should be related to the misconduct and employee’s past work history.
Maintain the employee’s right to counsel.
Don’t rob an employee of his/her dignity.
Disciplinary guidelines
68. 68
Employee perspective
Certain offences are contrary to acceptable conduct that
discipline is readily accepted or justified upon review regardless
of whether there was any prior communication or warning to the
employee.
Theft
Intentional destruction of company property
Total refusal to perform safe work
Gross or intentional endangerment of the safety of
coworkers.
Excessive absenteeism is another factor that can lead to
termination only after a series of lesser penalties
70. Proving the misconduct
70
Fact-finding
To find out if an offence has been committed & whether or not
accused has a case to answer
Statements from witnesses
Relevant documents
Investigating Misconduct
“The court agrees with the union that there is no denying the right of the employer to punish, but there is
also the right of the employee not to be punished if there has been no offence. Before the hotel can show
that the punishment does fit the crime, it must first prove the crime”.___________________________________________
71. Preparation of
show-cause letter
71
1. Must contain the allegation or allegations of the misconduct. Allegation or
allegations must be simple, clear, accurate and precise so that
the accused can know and understand them.
2. Must state that the accused has to show-cause as to why disciplinary action should not
be taken.
3. A reasonable time-frame for the accused to show-cause.
4. If accused does not show-cause within the stipulated time-frame or the excuse given is not accepted,
appropriate disciplinary action will be taken.
____________________________________
______________________________________________________
_________________
___________________________________
________________________________________________
72. Challenge Remedy
Ensuring managers are addressing same
issues consistently
Training
Documented controlled
discretion
Ensure policy specifically applies to
commonly encountered situations
Ensuring managers are following steps
outlined in the policy
Training
Make changes when required
Potential challenges
72
73. Documentation requirements
73
Challenge Remedy
Managers unclear on documentation
requirements
Training
Inconsistent documentation across
managers
Training
Cumbersome documentation
requirements
Redesign the process to
maximize efficiency
Provide managers with
allotted time to complete
the required documentation
77. Targeting, identify and attract
77
Group I
(Talent Pool)
2345
PERFORMANCE
2 3 4 5
POTENTIALIdentify
Group II
( Potential)
Group III
( Performance)
Group IV
(Counseling)
78. What drives Reward?
78
The driving force behind compensation and benefits strategies
Compensation
& Benefits
ValuesStrategy
80. Compa Ratio..
80
Pays for Performance, and
Pays for Job rates
Def:
Mid-Point = Mid Point of Pay Grade
Grade E2
Min
RM2,000
MID
RM2,500
Max
RM3,000
83. Curse of the Bell Curve
83
‘A’ Staff ‘B’ Staff ‘D’ Staff ‘E’ Staff‘C’ Staff
84. 84
Increments granted to poor performers will also negate an
employers contention the employee was a poor performer.
Proactive measures in managing employment termination.
Creating & sustaining a harmonious
employment relationship.
Increments For
Poor Performers
Discussion
85. Frustration Of Contract
85
FRUSTRATE in the Oxford Dictionary has been explained to "prevent from progressing, succeeding or
being fulfilled“ while frustration means "being frustrated".
Frustration of contract can be defined as a prevention from continuation of a contract when the employee
who is employed under the contract becomes unable to perform the work for which he was employed due to
reasons beyond control by both parties (employer and employee).________________________________________________
The employee concerned becomes incapable to perform duty due to an
accident or prolonged illness;
The employee concerned was under police detention or custody for infinite period of
time; and
The professional license for the employee concerned to practice a particular
profession was revoked.
87. In Stamford Executive Centre v. Puan Dharsini Ganesan (Award 263 of 1985) the Industrial Court observed:
“In a dismissal case the employer must produce convincing evidence that the workman committed the
offence or offence of the workman is alleged to have been committed for which he has been dismissed.…….
He must prove the workman guilty and it is not the workman who must
prove himself not guilty. This is so basic a principle of industrial jurisprudence that no employer
is expected to come to this Court in ignorance of it...”
87
Industrial Court Statistics
(awards Of Termination Cases)
TYPES OF TERMINATION 2005 2006 2007 2008 2009 2010 2011 2012
Constructive 22 42 97 126 140 135 91 96
Misconduct 2144 2051 1200 878 613 608 639 540
Retrenchment 16 32 422 155 114 67 90 62
Others 0 0 402 573 328 479 640 735
TOTAL 2182 2125 2121 1732 1195 1289 1460 1433
Termination: Burden Of Proof
88. 88
Industrial Relations Act 1967
Trade Unions Act 1959
Employment Act 1955
Sarawak Labour Ordinance
Sabah Labour Ordinance
Occupational Health and Safety Act 1994
Employment Termination results from poor
selection & ineffective people management
Termination initiated by
employees, often due to resignation &
retirement.
Voluntary Termination
Termination initiated by employers, often due to
misconduct, absenteeism,
poor performance & other
types of termination.
Involuntary Termination
89. Domestic Inquiry
89
“a formal hearing held by an employer before an employee is dismissed
or before any other major penalty is imposed” Industrial Relations Act
1967 Section13(3) states that the employers have the right to dismiss
employees who commit misconduct.
However, the right to dismiss is limited by two requirements:
1. Procedural Requirements – the employee
must be treated fairly and justly.
2. Substantive requirements – the employee
should not be punished without sufficient proof of his guilt.
90. 90
Rules Of Natural Justice
‘Hear from the other side’-audi alteram partem: This means no man shall be condemned
unheard, the accused must be given sufficient opportunity not only to know the case against
him but also to answer it. He must have the opportunity to actually see, hear & question all
witnesses one by one from whom statements were taken.
-nemo judex in causuasua: This means the person who sits in judgments must be an
independent person who is neither the accuser nor the accused or any person who has any
interest in or is likely involved in any of the parties or any bias in any respect. This is to
ensure that the person who sits in judgments is able to act impartially & without bias.
No man shall judge for his own cause
91. 91
Termination For Absenteeism
Based on the EA1955, Section15(2), an employer can terminate an employee if:
1.He has been absent without permission for three or more days; and if,
2.He has no reasonable excuse; or
3.He has an excuse but has not informed or attempted to inform his employer of that excuse. However, the rules of natural
justice must not be ignored.
Terminating A Fixed Term
Contract
A fixed-term contract clearly states that the employee is to be recruited for a particular period of time._______________ _________________________
92. 92
Retrenchment
Misconduct (minor & major) can be broadly dealt under the 3 heading as follows:
1. Misconduct relating to discipline
2. Misconduct relating to duty
3. Misconduct dealing with morality
Misconduct in employment
Retrenchment is a termination of the contract of employment due to redundancy or
reorganisation.
However, when the employer terminates the employment contract of an employee on some pretext other
than the real reason like lawful trade union activity, it is called victimization.
The employer should comply with the principle of LIFO unless there are sound and
valid reasons for departure.
93. Remember, the burden of proof lies on the
employer.
The grounds that will enable a termination of
probation are:
Unsatisfactory work
performance
Misconduct
Reorganisation of
company
Retrenchment /
redundancy
93
Termination Of A Probationer
Terminating Poor Performers
Performance goals must be clear.
Competency
development.
Warning on unsatisfactory
work or incompetence.
Opportunity to improve
performance such as
training.
Finally, termination
should be on proper
grounds.
94. Unfair & Constructive Dismissal
94
Unfair Dismissal -the employer must
prove a fair reason for dismissal.
Constructive Dismissal -the employee
must prove that the dismissal was
constructive.
95. 3 things you have learnt today
2 things you are not sure about
1 way you can link what you have done today to your work place
Wrap Up
95
Write Down
96. Learn Unlearn Relearn Evaluation
96
Please rate the following aspects of the course
excellent good not good poor
1. Organisation & domestics
2. Content
3. Notes
4. Presentation
5. Overall enjoyment
Other topics of interest
Course Date Name
