Dismissal: On grounds of professional incompetence

If an employee fails to carry out their duties properly despite all the resources made available to them to do so, dismissal proceedings may be initiated on the grounds of professional incompetence. The proceedings become disciplinary if the employee performs their duties with deliberate bad faith.

Is professional incompetence not a form of misconduct?

Professional incompetence stems from an employee’s inability to perform their job properly. The employee fails to carry out, satisfactorily and correctly, the duties for which they were recruited.

Professional incompetence can manifest itself in many ways depending on the role held: errors in work, negligence, failure to meet deadlines, difficulties in managing staff, inability to carry out the tasks required, etc.

Before concluding that professional inadequacy is the issue, you must first ensure:

• That your employee possesses the necessary skills, given their qualifications, level of training, level of responsibility, etc.;
• That the work required falls within the scope of their contractual duties and responsibilities;
• That they have been given sufficient time to adapt and receive training;
• That they have the necessary resources to carry out their duties properly.

The employee’s qualifications and level of responsibility influence the assessment of professional inadequacy. You cannot dismiss an employee on grounds of professional inadequacy if the tasks required do not fall within the scope of their professional qualifications.

Professional inadequacy does not constitute misconduct but may constitute a genuine and serious ground for dismissal.

Please note: Professional inadequacy must be based on objective, specific and verifiable facts.

If the employee’s failings stem from deliberate bad faith, they are considered to be misconduct.

Thus, in the event of deliberate failings, negligence or professional errors resulting from the employee’s lack of good faith, dismissal will be on grounds of misconduct. The rules governing disciplinary dismissal apply.