Extraordinary solutions

Incompatibility in the workplace?

Definition – An employee’s attitude, his way of doing things, his disruptiveness, pushiness, temper,
impatience, lack of tact, meddling, manipulation, interpersonal relationships or just his general
disagreeability, are causing upsets and are interfering with the smooth running of the business. Although
he is making his targets and performing on par, other employees persistently complain about him, clients
don’t want to work with him.

In the matter of Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Van Dyk - (2020) 29 LAC 1.11.26 also reported
at [2020] 6 BLLR 549 (LAC) the Labour Appeal Court decided the following:

Incompatibility is a species of incapacity because it impacts on work performance. If an employee is
unable to maintain an appropriate standard of relationship with his or her peers, subordinates, and
superiors, as reasonably required by the employer, such failure or inability may constitute a substantively
fair reason for dismissal.

Procedural fairness in incompatibility cases requires the employer to inform the employee of the conduct
allegedly causing the disharmony, to identify the relationship affected by it and to propose remedial
action to remove the incompatibility. The employee should be given a reasonable opportunity to
consider the allegations and proposed action, to reply thereto and if appropriate to remove the cause for
disharmony. The employer must then establish whether the employee is responsible for or has
contributed substantially to irresolvable disharmony to the extent that the relationship of trust and
confidence can no longer be maintained.

Therefore, it is imperative that an Employer follow a fair procedure when dismissing an employee for
incompatibility.