Page 12 - KZN Business Sense 9.3 Aurelia Albert eBook

TERMINATING AN EMPLOYEE’S SERVICE

Nikita Pillay, Hr & fit and behavioural aspects. reasonable, mutually agreed-upon environment that is comfortable This is an option to explore
Compliance Best- Thorough background checks and period of time. and non-threatening, away from as opposed to having to go
Practice Specialist research are key components to Meetings need to be distractions and interruptions. through any disciplinary action
discovering an employee’s prior documented, with the issues The employer should begin or performance management
work history and reputation. process. A financial settlement
hile Many organisations choose to of non-performance and an by holding a discussion with is agreed upon and documented
there bypass these key qualifying action plan and time frame for the employee to explain the in this agreement. Any other
Ware processes, hence leading to issues improvement being noted. Should problem in specific terms. From consensually agreed terms and
many shortly after confirming the there still be a lack of performance this conversation, the employee conditions are also implied and
reasons for employee’s placement within after providing sufficient time for should be able to clearly this document stands as legal
wanting to the organisation. improvement, then the employer understand what the problem and binding as per the terms
is, why it is a problem, how it
terminate an would have already collected stated therein.
employee’s Inducting an Employee sufficient supporting evidence to impacts on the workplace, why
employment Companies fail to realise the indicate such. there is a concern, etc. Retrenchment
services importance of inducting an An employee can be performance The employer should discuss the
Retrenching employees must
with a company, South African employee correctly. This is the managed at any point during their outcomes they wish to achieve be done purely for the reasons
law demands for due process to reason for employers assuming employment, especially if new from the meeting. The meeting
be followed, irrespective of the incompetence of an employee, tasks have been allocated, or a should be an open discussion that retrenchment was designed.
reasons and circumstances that hence wanting to terminate the change in job required. and the employee should have an A retrenchment is normally
seen as a consultative and
have led to wanting this outcome. employees’ services. Importantly, Many fail to understand that opportunity to have their point of problem-solving exercise to try
Justifiable reasons are a must, an employee should be inducted probation is for the benefit of the view heard and duly considered. to accommodate employees.
The employer should listen to the
and sufficient proof needs to be correctly so as to understand employee to learn the work. explanation of why the problem There are a few main reasons to
presented, before a conclusive the company’s values, vision, has occurred or to any other terminate via retrenchment (after
decision is reached. Each case processes, procedures, timelines, The time is provided by the comments the employee makes. following due process), which is
is based on its own merits, systems, and support structure. A business to the employee to Timelines and action plans for for operational changes within the
and outcomes are generally clear handover needs to be done become proficient in the duties improvement should be set. organisation, or incapacity based
dictated by a chairperson after and signed off if the employee required. There are no benefits for on performance or ill-health.
following due process, unless is replacing an employee that is the employer, besides to make sure When having this type of
agreed upon consensually via exiting the business. performance is documented and meeting, facilitating discussion We need to make sure that
a Mutual Termination between Businesses are careless when addressed during this time with to refer to recent positive things all correct steps are followed
both parties, to conclude the blaming new employees on failing the employee. that the employee has done whichever process is decided
employment relationship. to show them that you also upon. Being in breach of
to perform to standard. However, Performance Management recognise and appreciate their procedure is viewed extremely
Recruitment and Selection if an induction and orientation Knowing the difference between strengths may be useful. seriously at the Commission for
process was not followed, this is an Conciliation, Mediation and
Many organisations undermine indication of a lack of engagement misconduct and poor performance Mutual Separation / Termination
the recruitment and selection with the employee, hence the is important. Confusing the Agreement Arbitration (CCMA).
process. As much as this process employee was bound to fail. two could mean your approach Gaining a good understanding
involves interviews, and selection is completely wrong. The main A Mutual Termination is an to be able to execute effectively and
of the most ideal candidate, Probation difference is in the level of agreement between employee meaningfully with no loopholes is
additional areas are entailed in There is a misconception that control. Poor performance is and employer, to consensually always good. 
order to select the right candidate. when an employee tries as hard terminate the employment
an employee can be terminated as possible but keeps falling short relationship. In certain situations,
The process should include tools immediately whilst serving because they lack skill, ability or parties can agree that the T: +27 (0)31 767 0625
that form part of the selection probation, without any process training for example. In cases of employment relationship come to E nikita@drg.co.za
criteria, to determine the being followed. The purpose of misconduct, the employee could an end, however parties choose W: www.drg.co.za
employee’s compatibility with the a probationary period is for the perform better but for whatever not to resign or go through any
position and the team with whom employer to provide support and reason chooses not to. disciplinary process, hence they
the candidate will be working. training to a new employee at the mutually elect to terminate via
Such tools may include a Personal commencement of employment, To performance manage an a mutual separation agreement
Development Assessment and to evaluate an employee’s employee, the meeting must (MSA) to cease the existence of
(PDA), which analyses the right work performance over a place in private and in an the employment relationship.

FROM TRAGEDY TO TRIUMPH

outh Day commemorates Johannesburg,” Smangele With the guidance of social In addition, Smangele has
the Soweto Uprising in shares. “I went to a shop and was workers, psychologists and excelled in sports and she is
Y1976, a reminder of the caught up in a robbery by four physiotherapists, Smangele began the only woman to qualify for
courageous scholars who fought armed men. I remember hearing to heal and eventually, she was the Pietermaritzburg-based
for freedom and equality. What gunshots and falling to the floor able to go home. But she says wheelchair basketball team,
better way to honour their covered in blood.” her return was met with mixed the Warriors. Smangele’s
memory than to inspire South Smangele’s injuries were severe; reactions. outstanding skills have
Africans with moving accounts earned her a place on the
of today’s brave youngsters. she fought for her life in intensive “My family didn’t know how National Senior Women’s
care for two weeks. She pulled to respond towards me. I had to
One such story is that of through but was paralysed from assure them that even though I Wheelchair Basketball team (the
AmaWheelie Girls) that will be
Smangele Chiyi. Growing up the waist down and when she was was in a wheelchair, I was not a
in KwaZulu Natal, Smangele finally discharged from hospital, different person, just differently participating in the African Para
Games in Ghana in September.
seized every opportunity life she faced the daunting task of abled,” Smangele explains.
presented. At school, she was rebuilding her life. Smangele, an inspiration to all
Fuelled by her own experiences,
involved in drama and sports, “In February 2018, I started Smangele has made it her mission who encounter her, proves that
including athletics and netball. rehabilitation at the Natalspruit to inspire people with disabilities with passion, determination,
She strived to be a great role and a courageous mindset, it is
model for others but more than Hospital in Gauteng, and and those who are differently possible to conquer adversity,
abled. Leading by example,
although I was scared, I told
anything, she wanted to make myself that I could get through Smangele is currently a learner rise above it, and achieve Smangele Chiyi
her family proud. against all odds when fuelled
this. The support I got from my at EduPower Skills Academy by unwavering determination
“My life suddenly changed fellow patients who also faced where she is doing a 12-month
forever in December 2017 various life challenges was a big Learnership Programme: Contact and self-belief. 
when I visited my family in part of my recovery,” she says. Centre Level 3. www.edupower.co.za

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