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Notice of Poor Work Performance

R199

Create a formal notice recording poor work performance concerns, the required performance standards, support to be provided, improvement timelines, review dates, and possible consequences if performance does not improve.

A Notice of Poor Work Performance is used when an employer has identified that an employee is not meeting reasonable performance standards. It is not the same as a misconduct charge sheet. Poor work performance is generally treated as a capacity or incapacity issue, requiring the employer to identify the performance standard, explain the shortfall, give the employee an opportunity to respond, consider reasons for the poor performance, and provide reasonable support, guidance, training, counselling, or time to improve where appropriate.

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South African legal context (2026 checklist)

This notice should be factual, corrective, and performance-focused. It should avoid language that suggests the employee is being punished for misconduct, unless the issue is actually wilful misconduct, negligence, insubordination, or refusal to work. For ordinary poor performance, the employer should show that the employee knew or could reasonably have been expected to know the required standard, failed to meet it, was given reasonable assistance or an opportunity to improve, and was warned of the possible consequences. Seniority, experience, length of service, probation status, the nature of the job, the seriousness of the underperformance, and workplace circumstances may affect how much counselling or time to improve is required.

  • Labour Relations Act 66 of 1995
  • Section 185: Right not to be unfairly dismissed or subjected to unfair labour practice
  • Section 186: Meaning of dismissal and unfair labour practice
  • Section 188: Requirement that dismissal must be for a fair reason and in accordance with a fair procedure
  • Section 191: Referral of unfair dismissal and unfair labour practice disputes
  • Section 192: Onus in dismissal disputes
  • Section 193: Remedies for unfair dismissal and unfair labour practice
  • Section 194: Limits on compensation
  • Section 203: Codes of Good Practice
  • Code of Good Practice: Dismissal, 2025
  • Provisions dealing with incapacity, poor work performance, probation, fair procedure, and dismissal for capacity-related reasons
  • Basic Conditions of Employment Act 75 of 1997
  • Section 29: Written particulars of employment
  • Employment Equity Act 55 of 1998, where disability, reasonable accommodation, or discrimination may be relevant
  • Occupational Health and Safety Act 85 of 1993, where workplace conditions, equipment, or safety issues affect performance
  • Protection of Personal Information Act 4 of 2013, where performance records or employee personal information are processed
  • Palace Engineering (Pty) Ltd v Ngcobo and Others [2014] ZALAC 7
  • Somyo v Ross Poultry Breeders (Pty) Ltd [1997] ZALAC 3
  • Gold Fields Mining SA (Pty) Ltd v CCMA and Others [2014] ZALAC 28
  • Sidumo and Another v Rustenburg Platinum Mines Ltd and Others [2007] ZACC 22

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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What is the employer’s full legal name and address?
What is the employer’s full legal name and address?
What is the employee’s full name, position, department, and employee number?
What is the employee’s full name, position, department, and employee number?
What performance standard, KPI, target, duty, output, or quality requirement is not being met?
What performance standard, KPI, target, duty, output, or quality requirement is not being met?
How was the required standard communicated to the employee?
How was the required standard communicated to the employee?
What examples show that the employee is not meeting the standard?
What examples show that the employee is not meeting the standard?
When did the poor performance concerns begin?
When did the poor performance concerns begin?
Has the employee previously received feedback, counselling, coaching, training, or warnings?
Has the employee previously received feedback, counselling, coaching, training, or warnings?
What explanation has the employee given for the poor performance?
What explanation has the employee given for the poor performance?
Are there workplace, health, disability, training, workload, supervision, equipment, or personal factors affecting performance?
Are there workplace, health, disability, training, workload, supervision, equipment, or personal factors affecting performance?
What support, guidance, training, tools, supervision, or resources will the employer provide?
What support, guidance, training, tools, supervision, or resources will the employer provide?
What specific improvements are required?
What specific improvements are required?
By when must the employee improve?
By when must the employee improve?
How will improvement be measured?
How will improvement be measured?
When will the next performance review meeting take place?
When will the next performance review meeting take place?
Who will monitor the employee’s progress?
Who will monitor the employee’s progress?
May the employee be assisted by a trade union representative or fellow employee at review meetings?
May the employee be assisted by a trade union representative or fellow employee at review meetings?
What may happen if performance does not improve: further counselling, performance improvement plan, incapacity enquiry, demotion, redeployment, or dismissal?
What may happen if performance does not improve: further counselling, performance improvement plan, incapacity enquiry, demotion, redeployment, or dismissal?
Should the notice refer to the employee’s job description, contract, policy, or performance agreement?
Should the notice refer to the employee’s job description, contract, policy, or performance agreement?
Must the employee acknowledge receipt of the notice?
Must the employee acknowledge receipt of the notice?
Who is authorised to issue the notice on behalf of the employer?
Who is authorised to issue the notice on behalf of the employer?

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