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Aligned with the Sept 2025 Code of Good Practice: DismissalECTA Sec 13 Compliant Digital SignaturesInstant PayFast Checkout (Capitec Pay & Instant EFT)

Incapacity · Charge Sheet Template

Poor Work Performance (Incapacity) Charge Sheet & Hearing Pack

Run a fair poor work performance (incapacity) process in South Africa: performance counselling, improvement plan, hearing notice and outcome aligned with the 2025 Dismissal Code.

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Step 1 · Offence & Statutory Guardrail Intake

No login needed. Your answers autosave on this device and to a secure draft.

Prior warnings on file

None recorded.

Standard charge formulation

Statutory guidance

Statutory referenceLRA Schedule 8 (Code of Good Practice: Dismissal, 2025), items on poor work performance and incapacity; s188 LRA
First-offence sanction guidelineNot a misconduct sanction: counselling and a performance improvement plan (PIP) must precede any dismissal. Dismissal only after failure to improve despite support.
CategoryIncapacity

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.