30 Nov Probation Periods

Ten years ago, if you put someone on probation and during or at the end of the probation you decided that you did not like them, you could tell them to leave- no questions asked.  Labour law and probation periods have changed a great deal since then.  There is a lot of confusion over how probation periods work and if temp- to- perm is better than probations or not.  Below is some information from the CCMA to assist you in dealing with probation periods better:

PROBATION PERIODS

• Probation in for newly appointed employees only.
• The purpose of probation periods is to asses the suitability of a person before permanently employing them.
• The length of a probation period depends on the nature of the job.  (maybe a month for a tea lady and six months for a financial manager)
• Probation periods may be extended if you need more time to determine if a person is suitable
• The probation period, and the expected standards to be met, should be put in writing.
• If a person is dismissed during the probation period for any reason, including theft, retrenchment, ill health, misconduct- the normal disciplinary procedure must be followed.  ( i.e. you cant just tell them to go because they are on probation)
• The aim of probation periods is to sort out poor performance issues before an employee is permanently employed.
• While on probation, the employee should have regular evaluation, instruction, training, guidance and counselling to assist them in achieving the standards required, and it is advisable to record the above in writing.  There should be continuous communication with the employee of their progress.
• An employer may dismiss an employee or extend the probationary period after the employee has had a chance to represent themselves (i.e. give their side of things), and those representations have been taken into account.
• The process must be procedurally fair and documented
• The termination must also be substantially fair- there must be a good and fair reason for termination
• It is not necessary to hold a formal hearing
• The reason for ending a probation period does not have to be as compelling as when terminating a permanent employee
• For more information visit the Labour Relations Act, Schedule 8: Code of Good Practice: Dismissals.  Section 188.