can't or won't — the iR app

Is it a "won't do" or a "can't do" problem?

When an employee isn't delivering, the law treats the two very differently — and following the wrong process can cost you at the CCMA. This tool helps you work out which one you're dealing with, and then walks you through the correct process.

Misconduct — "won't do"

The employee is able to do the job but has broken a rule of conduct or is unwilling. The process is corrective: warnings, and if needed, a disciplinary enquiry.

Poor Performance (Incapacity) — "can't do"

The employee is willing but doesn't perform to the required standard. The process is remedial: counselling, training and a fair chance to improve.

You'll rate the employee on five short clusters — two about motivation (Attitude, Effort) and three about ability (Background, Competence, Knowledge). The combined score points to the most likely category.

This tool gives general guidance based on South African labour practice. It is not legal advice — for complex or high-risk cases, consult a labour law practitioner.

Rate the employee

For each cluster, choose the description that best fits the employee in question. Be honest — this is for your own clarity.

0 of 5 clusters rated