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

Codes of Good Practice

Dismissal based on Operational Requirements

Schedule 8

Part E - Probation

18. Decision not to confirm appointment
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(1)An employer may only decide to dismiss an employee or extend the probationary period after the employer has given the employee the opportunity to make representations and the employer has considered any representations made.

 

(2)Any person deciding about the fairness of a dismissal of an employee related to the employee's conduct or capacity, including poor work performance, during or on expiry of the probationary period, ought to accept, considering the purpose of probation, reasons for dismissal that may be less compelling than would be the case in dismissals effected after the completion of the probationary period.5

 

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5The courts have accepted this to be a clear indicator that arbitrators should be hesitant to interfere with the employer's decision on whether a probationary employee has attained the required performance standards or with the standards themselves.