Incompetence
Mere dissatisfaction with the performance of an employee is not sufficient to constitute just cause for termination. What is required is a degree of incompetence that is serious or gross in nature, as measured against a reasonable standard of performance for the position occupied by the individual.
In order to prove just cause for dismissal on the basis of incompetence, an employer must establish:
- a number of incidents or events, over time, in which the employee's performance was below that of the objective standard of performance required of the employee;
- communication to the employee, usually in writing, of the employee's incompetence and the requirement for improvement;
- the employer must give a reasonable opportunity to the individual to improve his or her performance; and
- where the employee fails or refuses to upgrade his or her performance, a warning to the employee that a continuation of this conduct will result in termination of the individual's employment.
Just cause for dismissal on the basis of incompetence is one of the most difficult grounds to substantiate in a court of law.
Should you require legal assistance, please email us at lawyers@grosman.com
 ...back to Employment Law Index
|
|
