Labour Relations Act, 1995 (Act No. 66 of 1995)

Codes of Good Practice

Dismissal based on Operational Requirements

Schedule 8

Part E - Probation

15. Purpose
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(1)The purpose of probation is to give the employer an opportunity to evaluate the employee's performance and suitability for employment before confirming the appointment.

 

(2)Probation should not be used for purposes not contemplated by this Code, to deprive employees of the status of permanent employment. For example, a practice of dismissing employees at the end of their probation periods for reasons unrelated to their performance or suitability for employment and replacing them with newly hired employees is inconsistent with the purpose of probation and may constitute an unfair dismissal.