Judge faults retail chain for firing ‘weak’ worker

The court also held that an employee accused of underperformance needs to be allowed to improve over a reasonable length of time, like two or three months.

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The Employment and Labour Relations Court has faulted retail chain Cleanshelf Supermarkets for hastily firing an employee over ‘non-performing’ instead of offering a support plan to make him a better worker.

Justice Linnet Ndolo said employers cannot terminate the contract of their employees for underperformance without first demonstrating efforts to help them improve on the weak points.

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