Kind of support: Employee Relations
Description of support work: I have a senior employee who's not capable of performing his duties.
He's been with the organisation just over a year, and I need advice on how to legally terminate his contract. There's a clause in his contract as follows:
"(iii) Employment can be terminated by the Company after consistent poor performance, providing the Company disciplinary procedures are followed: a) verbal warning, b) written warning, c) final written warning"
Whilst there are issues with poor performance, there are broader issues of capability. He's recently stated when given a key task to do (which forms part of his job), that it's "like a foreign language" and he's unable to complete it. He asked another colleague to do the work for him, then left on sick-leave (likely due to stress).
I don't want to have to go through a long, protracted process unless I have to - for his benefit and ours. I'm hoping there's a legal way to terminate his employment without having to go through the verbal / written warning process.
I need someone who can review his contract, ask me some questions about his performance and give me some guidance on how to proceed.
Chris N.87% (3)
Create an account now and send a proposal now to get this project.Sign up
Clarification Board Ask a Question
Is there any probationary period mentioned in his contract? If yes, has it expired? If No, what are the terms and conditions of his contract (time period / policy of extension etc)
If he is still under probationary period, you can terminate him without giving any show causes etc. (you can do so by simply issuing a show cause / explanation letter) and in reply to the show cause, you can simply issue his termination order by mentioning that his reply was not satisfactory etc.