Any employer dreads an incompetent employee. It is beneficial for both parties to part ways. A dismissal due to incompetence however is a sensitive issue.
Conditions for dismissal
In order to terminate an employment contract for unsatisfactory performance, it is necessary to follow the following steps:
- the employee should have been confronted with the criticism on his/her performance;
- the employee must have had the opportunity to improve (through a PIP-procedure).
- if no improvement has been realised, the employee should – if available – be offered another suitable position in which the skills that have been criticised are not required;
If there is no other suitable position you can terminate the employment contract. In case of an open-ended contract most employers first try to come to a termination by mutual consent if this situation occurs in order to prevent legal proceedings. In most cases where the employer has a good file (and termination does not come as a surprise to the employee) it is possible to come to a settlement. If this is not possible, we can take your case to court.
Advice performance related dismissal
It would be wise to ask for legal advice at an early stage. Sec Employment Lawyers can advise you on the contents of a personal file and whether the current file is sufficient for a dismissal due to incompetence. This way your chances of success in taking legal actions or in negotiating the termination of the employment contract will increase significantly.