Showing posts from October 9, 2014


Probation is dealt with in terms of the Code of Good Practice Dismissal, set out in Schedule 8 of the Labour Relations act.

Before we discuss the application of probation, let's first get to grips with understanding what "probation" means.

In South African labour law terminology "probation" means "testing the employee's work performance".
In terms of workplace application this means identifying whether the employee is able to carry out his/her work properly.

It has nothing to do with the employee "not fitting in", or not being popular/liked, or committing misconduct.It has everything to do with work performance, and work performance only.

In terms of duration, there is NO stipulation as to what the exact probation period may or may not be.

What are the obligations of the employer during the probation period?

In short it means the employer must have proof of a formal, objective and fair evaluation process. 

The Code of Good Practice Dismissal …


Let's talk employer / employee relationships.
Let's say you are the employer. Your employee, for whatever reason, simply does not conform. What are your options?
Well, one is most definitely not the Peter's Principle whereby you put an employee under pressure beyond his/her ability and hope they quit! This will be perceived as "constructive dismissal".
What is constructive dismissal? Constructive dismissal is when you as the employer creates a workplace situation which makes it intolerable for the employee to continue employment - and to such an extent that s/he rather resigns as the last resort.
The way forward Provide/conduct counselling sessionsProvide/conduct employee development (training) sessionsFollow the disciplinary procedures to the last letterConduct a fair disciplinary process, and if need be dismissal
If you do not follow the above, you could be up for "constructive dismissal".