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Letter Of Dismissal For Poor Performance Template for South Africa

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Key Requirements PROMPT example:

Letter Of Dismissal For Poor Performance

"I need a Letter of Dismissal for Poor Performance for a retail sales associate who has failed to meet sales targets for six consecutive months despite two written warnings and a performance improvement plan; the dismissal should be effective from March 15, 2025."

Document background
The Letter of Dismissal for Poor Performance is a crucial document in South African employment law that formalizes the termination of employment following unsuccessful performance improvement attempts. It is used when an employee has consistently failed to meet required performance standards despite being given reasonable opportunity, guidance, and time to improve. The document must demonstrate compliance with the Labour Relations Act 66 of 1995 and the Code of Good Practice on Dismissals, showing that the employer followed fair procedures including performance reviews, counseling, and providing support for improvement. This letter serves as the final step in the performance management process and must clearly document the reasons for dismissal, previous interventions, notice period, and final payment arrangements. It's essential for protecting both employer and employee rights and may be required as evidence in case of disputes at the CCMA (Commission for Conciliation, Mediation and Arbitration) or Labour Court.
Suggested Sections

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 Issues: Detailed description of the performance standards not met and specific instances of poor performance

5. Previous Interventions: Summary of previous performance reviews, warnings, counseling sessions, and improvement opportunities provided

6. Dismissal Decision: Clear statement of the decision to dismiss and the effective date

7. Notice Period: Specification of the notice period as per employment contract or Basic Conditions of Employment Act

8. Final Payment: Information about final salary, leave pay, and other payments due

9. Company Property: Instructions regarding return of company property

10. Signature Block: Space for employer representative's signature, name, and designation

Optional Sections

1. Right to Appeal: Information about internal appeal procedures, if company policy provides for this

2. References: Company policy regarding provision of references, if applicable

3. Post-Employment Restrictions: Reminder of any applicable restraints of trade or confidentiality obligations

4. Medical Aid/Benefits: Information about continuation or termination of benefits, if applicable

5. Special Arrangements: Any specific arrangements for handover of work or special projects

Suggested Schedules

1. Performance Improvement Plan History: Copies of previous PIPs and outcomes

2. Meeting Minutes: Records of performance review meetings and counseling sessions

3. Warning Letters: Copies of previous performance-related warnings

4. Performance Evaluations: Relevant performance evaluation documents

5. Final Payment Calculation: Detailed breakdown of final payment including salary, leave pay, and other entitlements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses
















Relevant Industries

Financial Services

Manufacturing

Retail

Technology

Healthcare

Education

Mining

Construction

Professional Services

Hospitality

Transportation

Agriculture

Public Sector

Telecommunications

Energy

Relevant Teams

Human Resources

Legal

Management

Employee Relations

Industrial Relations

Compliance

Operations

Administration

Relevant Roles

Human Resources Manager

HR Business Partner

Legal Counsel

Department Manager

Line Manager

Senior Manager

HR Director

Managing Director

CEO

Operations Manager

General Manager

HR Administrator

Employee Relations Manager

Industrial Relations Manager

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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