Poor Performance and techniques for comparing individual productivity

Abstract

This study analyses the most recent trends in labour jurisprudence concerning poor performance to highlight that, contrary to what might initially appear, there is no contradiction in the latest rulings of the Supreme Court. Performance can have contractual relevance and, in line with the developments in medical liability jurisprudence, it is possible to assert that the employer’s allegation of failure to achieve an objectively required performance level, substantiated by adequate comparison standards, can establish a presumption of worker negligence. This, consequently, proves the existence of a breach of duty without the need to contest specific acts of omission or commission.

Keywords

• poor performance
• duty of care
• obligation of conduct
• obligation of result