Legally, “probation’” means “testing the employee’s work performance”.
In other words, the probationary period has nothing to do with misconduct; those issues are dealt with separately, and in line with the company disciplinary code. For example, an employer may not dismiss an employee at the end of his/her probationary period due to absenteeism or late coming, as this has nothing to do with the quality of the employee’s work when he/she is at work.
Probation also means that the continuation of the contract is subject to the employee’s performance during the probationary period. In other words, is he/she able or unable to carry out the work properly? But, even if the employee is unable to carry out his/her work properly, the employer is still not allowed to just dismiss the employee at the end of the probationary period. If the employee shows promise, but has made some errors, the employee can extend the employee’s probationary period to further assess his/her performance.
However, before extending the probation period, or dismissing the employee at the end of the probationary period the employer must give the employee the opportunity to make representations regarding the extension, or if dismissal is being considered, the employee must be given the opportunity to make representations as to why he/she should not be dismissed. as regards the proposed extension. When placing an employee on probation, the following must be reduced to writing:
• Making it clear that the employee is on probation (clause in the employment contract)
• Clarifying the length of the probation period (clause in the employment contract)
• Setting reasonable performance standards (job description, policies and procedures)
• Specifying for and explaining to the employee the performance standards required
• Evaluating and monitoring the employee’s performance against the set performance standards
• Informing the employee of performance shortcomings (probationary reviews)
• Issuing warnings to the employee where he/she is failing to meet the required standards (probationary reviews)
• Assisting, guiding, counselling, training the employee where necessary
• Before dismissing the employee, giving him/her an opportunity to state his/her case.
Employers are therefore cautioned that, should they wish to place employees under probation, this must be done in line with:
• Implementing a Probationary Policy.
• Setting realistic performance standards.
• Designing ways for monitoring and evaluating work performance.
For further information, or assistance with probationary clauses in the employment contracts, or Probationary Policies and Procedures, please do not hesitate to contact our Helpdesk on info@diversitymatters.co.za