Employer fails to overturn R116,000 award to worker dismissed for poor performance
The Labour Court has upheld a R116,000 award to an employee dismissed for poor performance, finding that the company failed to provide adequate training or clear performance standards.
An employer's attempt to overturn a R116,000 compensation award to a former employee dismissed for poor work performance has been dismissed by the Labour Court in Cape Town. The dispute arose after the employer, Intellisec Access Control (Pty) Ltd, dismissed the employee, Stuart Bougaard, due to his inability to perform his duties effectively.
After a performance improvement plan (PIP) was introduced, an independent chairperson recommended his dismissal. Bougaard contended that the company failed to provide him with appropriate training and support, particularly regarding the complex accounting and stock-control software he was required to manage. The Labour Court found that Intellisec's own evidence supported several of Bougaard's concerns, including the lack of formal KPIs for his position and the insufficient training provided by the company.
The court rejected Intellisec's argument that the arbitrator had ignored other operational shortcomings, as they lacked sufficient evidence to support such claims. Judge Robert Lagrange ruled that the arbitrator's conclusions were reasonable and supported by the evidence, and dismissed the review application, leaving no room for further appeal.
Written by urgent.news from IOL's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
