Schedule 8 of the Labour relations act confirms that an employer may require a newly hired employee to serve a period of probation before the appointment of the employee is confirmed. It is further indicated that an employer may only decide to dismiss an employee or extend the probationary period after the employer has invited the employee t make representations and has considered any representations made. Furthermore, a trade union representative or a fellow employee may make the representation on behalf of the employee. Furthermore, the procedure leading to dismissal should include an investigation to establish the reason for the unsatisfactory performance and the employer should consider other ways, short of dismissal, to remedy the matter. In this process, the employee should have the right to be heard and to be assisted by a trade union representative or a fellow employee. In addition, any person making a decision about the fairness of a dismissal of an employee for poor work performance during or on expiry of the probationary period ought to accept reasons for dismissal that may be less compelling than would be the case in dismissals effected after the completion of the probationary period.
For further information on any labour related matters, you can contact
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Fax: 021 423 2105
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