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Legally dismiss your probationer in 12 easy steps

by , 04 June 2013
If you think you can just dismiss your probationer just because he isn't the right person for the job, you could find yourself defending a CCMA case. That's right. You still have to follow fair procedure if you choose to terminate your probationer's employment. Follow these 12 steps to ensure you dismiss your probationer the legal way.

An employee on probation is an employee in all respects, except that his permanent employment is conditional on him successfully completing his probation period.

That's why you have t follow a fair procedure to dismiss him if he's failed to make the cut. If you don't, he could take you to the CCMA for unfair dismissal.

But following these 12 steps you can ensure you avoid dismissing your probationer unlawfully.

Follow these 12 steps to dismiss your probationer legally

The Labour Law for Managers Loose Leaf Service advises you follow these steps to make sure your probationer's dismissal is fair:

  1. Set performance standards for your probationer;
  2. Communicate the performance standards to your probationer;
  3. Evaluate your probationer's performance;
  4. Make sure you've given sufficient instruction on his tasks and how you want them done;
  5. Provide the training the employee needs to perform the job.
  6. Provide ongoing guidance to help him meet the standards;
  7. Counsel your probationer on poor performance in a joint problem solving way;
  8. Work with him to identify the reasons for poor performance;
  9. Develop a plan of action with him to remedy the problems;
  10. Give him a reasonable period of time to improve his performance;
  11. Only consider dismissal if you've exhausted reasonable ways of getting him to improve; and
  12. Give him an opportunity to explain himself before you dismiss him.

By following these steps you'll ensure you dismiss your probationer the legal way.


You CAN fire that problem employee!

In only 30 minutes, you can gain the knowledge and power you need to legally dismiss problem employees without being taken to the CCMA

How do you get rid of that bad apple?

You know the one – that employee who's dragging your whole team down. The one everyone is fed up with for having to pick up extra work because he clearly still has no clue how to do his job.

You've spent hours and hours going through the necessary performance management steps. But now comes the tricky part.

How do you fire him?

What reason do you give for firing him?

Never worry about the CCMA again!

There are only three ways to dismiss someone fairly…

But even if you dismiss someone for a fair reason, but don't follow the correct procedure, the CCMA will still deem it unfair!

Today I'll show you how to fire him – legally so you'll never have to worry about the CCMA again.  


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