COURSE OVERVIEW

This 2-day course will provide delegates with the skills necessary to manage an employee who is not performing to an acceptable standard. In short, it will give delegates the legal skills to manage poor performers either to an acceptable standard or out of the business. This course deals specifically with the process where the possibility exists that terminating the relationship is the only solution.

CONTENT / OUTCOMES (Know, Do & Feel)

KNOW:

• The role of discipline within the workplace context
• The code of good practice on dismissal
• What the concept of incapacity is
• Why performance is so important to organisations
• How the law deals with incapacity issues
• What the CCMA is and how it approaches poor performance cases
• What evidence is required to successfully defend a dismissal for poor performance
• Problems and pitfalls relating to poor performance

DO:

• Co-ordinate and advise on incapacity related problems as well terminations
• Manage the internal company process of dealing with a poor performer.
• Stages of progressive corrective counselling
• Counsel and assist employees who are having trouble attaining acceptable standards
• Ensure that the correct standards of performance and levels of productivity are maintained in the organisation

FEEL:

• Confident in advising on poor performance cases.
• Better equipped to initiate and co-ordinate a poor performance management process
• Confident in counselling an employee who is performing poorly.

The course will include another 3 learning activities, which will facilitate the delegates understanding of the learning outcomes as well as assess their competence.

Learning Activity 3:

Lecture and group discussion on WORKSHEET 2.

Learning Activity 4:

2 case studies of CCMA cases will be used to assist delegates with their understanding of the procedural requirements of legislation. RE: THE DRINKER AND RE: MANIC DEPRESSION

Learning Activity 5:

Role play, NOWELL FINE VS CLEVER PONDS.

COMPETENCIES and PROFESSIONAL SKILLS COVERED

The Managing Poor Performance course will assist in the development of the following competencies and professional skills:

COMPREHENSIVE PROGRAMME

The Managing Poor Performance course is run over two days and is broken up into various sessions. By the end of the course the delegates will have a firm understanding of corrective progressive discipline within a workplace framework and a thorough grasp of how to manage an employee who is unable to reach the acceptable standards of performance as set by their superior.

Session 1        Introduction and Ice-Breaker

This will entail an introduction to the principles of managing an employee who is a poor performer. This session will provide an insight to the approach adopted by organisations with regards to the management of performance.  It will also introduce delegates to the basic concept of why performance and the management of it is so important in organisations.

• Understand what role the management of performance plays.
• Understanding the role that incapacity and in particular poor performance plays in stunting business profitability and growth
• Why it is important that businesses focus on getting their performance out of their human resources.
• Discussion on Pre-work, WORKSHEET 1

Session 2        Understanding the basics

This session will assist delegates by enabling them to advise and council line managers on the fundamental principles of performance based counselling.   It will provide delegates with a better feel for the need to be a coach as opposed to a policeman in any matters relating to poor performance. More than this an understanding of the basic principles in regard facilitation skills is provided.  Delegates are also introduced to the Commission for Conciliation, Mediation and Arbitration.

• Understanding company policies and procedures in regards to performance management
• What is the Commission for Conciliation, Mediation and Arbitration (CCMA)
• Basic counselling skills
• Facilitation skills
• What is the CCMA and what role does it play in poor performance management
• Discussion on Pre work article, UNDERSTANDING POOR PERFORMANCE

Session 3        Legal principles of managing poor performance

In this session the focus is on the legal duties that the company is required to discharge in managing a poor performer. In particular the legal process is explained. The learning objectives are:

• Did the employee fail to achieve the standards
• What are reasonable standards, what can the company require of employees
• How do we establish whether an employee is a poor performer
• What about attitude differences or inter-personal issues
• Was the employee aware of the standards
• What is reasonable counselling
• Was the employee afforded a fair opportunity to reach the standards
• Understanding different values of evidence
• How to present various kinds of evidence
• Guidelines for gathering evidence
• Multiple Choice WORKSHEET 2
• Case studies RE: THE DRINKER and RE: MANIC DEPRESSION

Session 4        Practical Arbitration Case: Nowell Fine vs Clever Ponders

A key rule for understanding the legal process of managing poor performance is to practice.  In this regard the course will allow delegates the opportunity to test their understanding of the legal criteria learnt and to gain arbitration presentation practice. The learning objectives are as follows:

• Techniques for preparing arbitration cases material
• Questioning and listening skills
• Identifying where the strengths of your case lie and researching them
• The legal criteria of a incapacity dismissal
• Arbitration presentation skills

Session 5        Assessment and Q and A