Standard charge formulation
It is alleged that during the period [START] to [END] you failed to meet the reasonable performance standards required of your position as [JOB TITLE], namely [STANDARD], despite counselling, guidance and a reasonable period to improve, constituting incapacity due to poor work performance.
Statutory guidance
| Statutory reference | LRA Schedule 8 (Code of Good Practice: Dismissal, 2025), items on poor work performance and incapacity; s188 LRA |
|---|---|
| First-offence sanction guideline | Not a misconduct sanction: counselling and a performance improvement plan (PIP) must precede any dismissal. Dismissal only after failure to improve despite support. |
| Category | Incapacity |
CCMA procedural fairness checklist
- Performance standard is known, reasonable and measurable
- Employee was informed of the shortfall
- Counselling, training or guidance was provided
- A reasonable period to improve was given (PIP)
- Alternatives to dismissal (demotion, redeployment) were considered
- Probationary employees: lighter but still fair process
Frequently asked questions
- Is poor performance misconduct?
- No. Poor work performance is a form of incapacity. The employee must be given counselling and a reasonable opportunity to improve before dismissal is considered.
- How long should a performance improvement plan run?
- It depends on the role and complexity, commonly 1 to 3 months. It must be realistic for the employee to improve.
- Can I demote instead of dismiss?
- Yes. The Code requires employers to consider alternatives such as demotion or redeployment before dismissal.