Hello,
Poor performance cannot be considered misconduct. It is the inability to fulfill the conditions of employment. Employment can only continue subject to the continuity of performance. To achieve this:
a) You need to define performance measures for each designation.
b) After defining these measures, you need to communicate them to the employees concerned.
c) If necessary, you need to train employees to meet the desired performance standards.
d) If an employee is unable to achieve the desired performance, you must provide them with a written show-cause notice.
e) If the employee still cannot perform adequately, a second show-cause notice must be given. This notice should be issued at least a month after the first notice. You must be specific about the employee's failures and cite instances of these failures.
f) If the employee's performance remains unsatisfactory, you may dismiss them with a final notice.
Thank you,
Dinesh V Divekar