Answer grounded in published legislation
Your question
Can I dismiss an employee on the basis of poor performance?
Yes. Poor work performance can be a basis for dismissal, provided the dismissal is fair. 5
The Labour Act requires a dismissal to have a valid and fair reason and to follow the applicable procedure. If the dismissal falls under section 34(1), the section 34 procedure must be followed; otherwise, a fair procedure must be followed, subject to any applicable code of good practice. 1
Therefore, the sources support dismissal for poor performance only where the reason and procedure are both fair. 1
Verified sources
Where this answer comes from
Labour Act 11 of 2007
(a) without a valid and fair reason; and (b) without following - (i) the procedures set out in section 34, if the dismissal arises from a reason set out in section 34 (1); or (ii) subject to any code of good practice issued under section 137, a fair procedure, in any other case. (2) It is unfair to dismiss an employee because the employee - (a) discloses information that the employee is entitled or required to disclose to another person; (b) fails or refuses to do anything that an employer must not lawfully permit or require an employee to do; (c) exercises any right conferred by - (i) this Act; or (ii) the terms of the contract of employment or collective agreement; (d) belongs, or has belo...
Namibia Qualifications Authority Act 29 of 1996-Regulations 2006-124
governing good assessment a. Assessment uses methodologies that are: appropriate to the abilities being assessed; fair to all candidates and do not disadvantage, hinder, or otherwise limit opportunities for candidates to demonstrate or provide evidence of their ability; integrated into learning, training, or workplace activities; manageable, straightforward, readily arranged, cost effective and unobtrusive (where possible) to other activities. b. Evidence used to make decisions is: valid and relates to the relevant outcomes of learning and performance expectations; direct and sourced from activities that are commensurate with activities associated with the outcomes being assessed...
Vocational Education and Training Act 1 of 2008-Regulations 2023-318
(a) Assessment methodologies, processes, decisions and evidence must adhere to the principles governing good assessment set out in this Annexure. (b) Assessment must comply with the principles of - (i) Validity: assessment processes must be appropriate to the abilities being assessed and based on the performance expectations and aspect of work set out the relevant unit standard. [The word “aspects” should be plural. The word “in” appears to have been omitted before the phrase “the relevant unit standard”.] (ii) Reliability: assessment decisions made by different assessors must be consistent. (iii) Fairness: VTPs must treat candidates in the same manner and candidates must be provided with ad...
Local Authorities Act 23 of 1992-Regulations 1969-0119
services of an employer may be terminated by the council - (a) on account of continuing bad health or illness or continuing unfitness for work; (b) on account of the abolition of his post or any reduction in or reorganisation or rearrangement of departments or posts on the fixed establishment; (c) on account of misconduct; (d) in the case of an employee appointed on trial, if his services are unsatisfactory; or in the case of an employee appointed temporarily, for any reason deemed sufficient by the council. (2) Subject to the provisions of section 148(4) and (6) of the ordinance, the services of an employee appointed permanently or on trial may, in the cases mentioned in subregulation (1),...
Labour Act 11 of 2007
Republic of Namibia 42 Annotated Statutes Labour Act 11 of 2007 Schedule: Transitional Provisions (a) is dismissed; (b) dies while employed; or (c) resigns or retires on reaching the age of 65 years. (2) Subsection (1) does not apply - (a) to a fair dismissal on grounds of misconduct or poor work performance; (b) if the employee unreasonably refuses to be reinstated; or (c) if the employee unreasonably refuses to accept employment on terms no less favourable than those applicable immediately before the termination of employment with - (i) the surviving spouse, heir or dependant of a deceased employer within one month of the death of the employer; or (ii) one or more of the former partners wi...
Local Authorities Act 23 of 1992-Regulations 1969-0119
Republic of Namibia 25 Annotated Statutes REGULATIONS Municipal Ordinance, 13 of 1963 Model Staff Regulations (6) is guilty of scandalous, improper or unseemly conduct, whether in the performance of his duties or in public; or in the performance of his duties exhibits gross incivility towards another employee or a member of the public; or (7) is under the influence of alcohol or drugs when on duty, or when he reports or has to report for duty, or who repeatedly uses intoxicating liquor or drugs so that he cannot fulfil the duties assigned to him i n a capable and proper manner; or (8) becomes insolvent or whose estate is placed under administration, unless he can prove to the satisfaction of...