In a decision of 23 March 2017 (no. 7522), the Supreme Court has stated that the dismissal for poor performance of an employee who has committed a significant breach of his employment obligations is lawful if that breach is attributable to the employee (whether through negligence or otherwise).

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The Supreme Court held that it is not necessary for the contractual breach to have been the subject of other previous disciplinary procedures, resulting in a sanction - that would be a significant duplication of the employee's conduct.

The Supreme Court has also highlighted that a dismissal for poor performance will only be legitimate in circumstances where an employee's performance is lower than average and is negatively affecting work production.