830 Dismissal of a probationary employee

R200.00

Probation occurs in a number of contexts: in the employment contract, in incapacity dismissal, and as a form of unfair labour practice. That means that it is necessary to discuss each context, but in a focussed way.

This discussion begins by explaining what probation is, how to assess an employee’s performance during probation, and probation as a term of the employment contract. The discussion then looks at the procedural and substantive requirements of a fair dismissal of a probationary which forms the

Description

830 Dismissal of a probationary employee

Table of Contents

  1. Introduction
  2. Probation
  3. Assessing an employee’s performance during probation
  4. Probation as a term of a contract of employment
  5. Dismissal of an employee during probation

5.1        Procedural fairness

5.2        Substantive fairness

  1. That the employee was on probation
  2. That the employee’s performance was assessed fairly and found to be poor.
  3. That the reason for the employee’s dismissal was her poor performance.
  4. That dismissal was an appropriate sanction

5.3        Dispute resolution path

5.4        Summary of elements of an unfair dismissal of an employee on probation dispute

  1. Probation as an unfair labour practice
  2. Conclusion

 

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