In a recent Labour Court case, a company’s attempt to deal with poor safety performance backfired, despite eventually showing improvements after the employee’s dismissal.
This case offers a critical reminder to employers: performance management isn’t optional, it’s essential and must be documented.
The Incident: Safety at Stake
A SHE (Safety, Health & Environment) Manager was dismissed after multiple lost-time injuries occurred at the company. Management believed she had failed in her duty to ensure a safe working environment. But there was a catch: no prior disciplinary action or formal performance interventions had ever been taken against her.
The Legal Lesson: Unfair, but No Reinstatement
The dismissal was eventually deemed substantively unfair because the employer failed to manage her underperformance through proper channels beforehand. There were no written warnings, no improvement plans, just sudden termination after years of concern.
But the Labour Court refused to reinstate her. Why? The employer had rebuilt its safety systems and argued that trust was broken and her return would disrupt progress.
The court agreed, awarding compensation instead of reinstatement.
Employer Takeaways
We see this far too often: performance is left unaddressed until it becomes a crisis. By then, the legal and operational consequences are costly.
Here’s what every employer should take away:
Act Fairly but Firmly: You can’t rebuild trust with no process. But you also can’t expect courts to back decisions made in haste.
Document Early: Don’t wait for repeated failures. Address concerns formally and promptly.
Apply Progressive Discipline: Use verbal warnings, written notices and clear KPIs before considering termination.
Build a Performance Paper Trail: Courts expect to see a history of employer effort.
Don’t wait until poor performance becomes a legal crisis. SEESA’s experts help you implement proper performance management and safety procedures that protect both your business and your employees.
Need help reviewing your performance management policies? Contact SEESA today for expert support.