The Contract Termination Letter Due to Poor Performance is a crucial document in South African employment law, used when an employer needs to formally end an employment relationship due to unsatisfactory work performance. It represents the culmination of a documented performance management process, which typically includes prior warnings, performance improvement plans, and counseling sessions. This document must strictly adhere to South African labor legislation, particularly the Labour Relations Act and the Code of Good Practice on Dismissals. It should only be issued after fair procedures have been followed, including providing the employee with appropriate guidance, support, and reasonable opportunity to improve. The letter serves both as a legal record of the termination and as documentation that may be required in case of future labor disputes.
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1. Letter Header: Company letterhead, date, reference number, and addressee details
2. Subject Line: Clear indication that this is a termination notice due to poor performance
3. Opening Statement: Formal introduction stating the purpose of the letter and reference to previous performance discussions
4. Performance Issues: Detailed outline of specific performance problems, including dates and instances
5. Prior Interventions: Summary of previous attempts to address performance issues, including warnings and improvement plans
6. Termination Decision: Clear statement of the decision to terminate employment
7. Notice Period: Specification of the notice period as per employment contract and labor law
8. Final Arrangements: Details about final salary, benefits, company property return, and exit procedures
9. Closing: Professional closing statement with contact information for queries
1. Right to Appeal: Information about internal appeal processes, if applicable in the organization
2. Reference Provision: Statement about the company's policy regarding future employment references
3. Non-Disclosure Reminder: Reminder of ongoing confidentiality obligations, if applicable
4. Severance Package: Details of any severance pay or additional benefits, if offered
5. Legal Rights Statement: Information about the employee's legal rights, particularly relevant in sensitive cases
1. Performance Review Records: Copies of relevant performance evaluations and reviews
2. Warning Letters: Copies of previous written warnings or performance improvement notices
3. Meeting Minutes: Records of performance discussion meetings and counseling sessions
4. Performance Improvement Plan: Copy of any formal performance improvement plans and outcomes
5. HR Policy Extracts: Relevant sections of company policies regarding performance management and termination
Relevant legal definitions
Company
Employee
Employment Contract
Notice Period
Performance Standards
Performance Improvement Plan
Final Written Warning
Termination Date
Poor Performance
Performance Review
Company Property
Confidential Information
Exit Procedures
Final Settlement
Leave Balance
Benefits
Severance Pay
Performance Metrics
Reporting Manager
HR Representative
Employee
Employment Contract
Notice Period
Performance Standards
Performance Improvement Plan
Final Written Warning
Termination Date
Poor Performance
Performance Review
Company Property
Confidential Information
Exit Procedures
Final Settlement
Leave Balance
Benefits
Severance Pay
Performance Metrics
Reporting Manager
HR Representative
Clauses
Notice Period
Performance Review
Previous Warnings
Improvement Opportunities
Termination Grounds
Final Payment
Company Property Return
Confidentiality
Non-Disclosure
Exit Procedures
Benefits Termination
Leave Settlement
Final Documentation
Appeal Rights
Legal Compliance
Post-Employment Obligations
Reference Policy
Full and Final Settlement
Performance Review
Previous Warnings
Improvement Opportunities
Termination Grounds
Final Payment
Company Property Return
Confidentiality
Non-Disclosure
Exit Procedures
Benefits Termination
Leave Settlement
Final Documentation
Appeal Rights
Legal Compliance
Post-Employment Obligations
Reference Policy
Full and Final Settlement
Relevant Industries
Financial Services
Manufacturing
Retail
Information Technology
Healthcare
Education
Mining
Construction
Professional Services
Hospitality
Telecommunications
Agriculture
Transportation
Energy
Public Sector
Relevant Teams
Human Resources
Legal
Operations
Management
Employee Relations
Compliance
Administration
Industrial Relations
Relevant Roles
CEO
HR Director
HR Manager
Department Manager
Line Manager
Supervisor
Team Leader
Legal Counsel
HR Business Partner
Employee Relations Manager
Operations Manager
General Manager
Managing Director
Regional Manager
Branch Manager
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