If an employer is dissatisfied with a worker’s performance (and it is not a case of illness, misconduct or lack of qualifications), the employer must first bring the issue of poor performance to the worker, try to understand why the worker is performing poorly, make all reasonable efforts to help the worker improve, and warn him of the need to improve.

The test is: whether the employer honestly and reasonably held the belief that the employee was not competent, and whether there are reasonable grounds for that belief.

Workers are often accused of, and dismissed for, performing poorly at work. Sometimes it's their fault and sometimes it isn't, which is exactly why industrial relations has developed to protect both employers & workers in these situations.

Download this Guide to find out what an employer must do to avoid unfairly dismissing a worker for alleged poor performance.