Dismissals for poor performance will only be fair if the employer:

• Has given the employee proper training, instructions, evaluation, guidance and advice
• Assessed the employee’s performance over a reasonable period of time
• Investigated the reasons for continued poor performance
• Investigated ways of solving the problem without resorting to dismissal
• Gave the employee a chance to be heard before deciding to dismiss
• Considered employing the employee in an alternate and appropriate position should one be available.

Dismissals for (temporary/permanent) ill health or disability will only be fair if the employer:

• Investigated the degree and duration of the injury or incapacity
• Considered ways of avoiding dismissal, for example getting a temporary employee until the sick employee is better
• Tried to find alternative work for the employee to do
• Tried to adapt the work so that the employee could still do it
• Gave the employee a chance to be heard before deciding to dismiss

How badly ill or disabled the employee is (degree of incapacity) and for how long he or she is likely to remain ill or disabled (duration of incapacity), as well as the reason for the incapacity will be considered when deciding whether the dismissal is fair or not. More effort is expected of the employer if the employee was injured or got sick because of their work.

(See: Problem 18: Employee is Injured on Duty and Loses the Job)