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If you've put your new hire on probation, familiarise yourself with these four points so you don't break the law

by , 20 October 2016
If you've put your new hire on probation, that's great.

A probation period is wonderful because it gives you an opportunity to evaluate your employee's performance before you confirm his appointment.

Now there are four points you must familiarise yourself with when it comes to probation periods.

Read on to find out what they are so you won't find yourself on the wrong side of the law.


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Four points you need to know about probation periods

 
1. During the probation period, you must assess your employee's performance.
 
Check out this article. It contains four methods you can use to do this.
 
2.  A person on probation is no different from a longer serving employee.
 
The Labour Law for managers explains that the Labour Relations Act (LRA) says you must justify the dismissal of probationary employees the same way you'd justify dismissing any other employee. You can't, at the end of probation, simply ask the person to leave without arranging a formal hearing and considering whether dismissal is an appropriate sanction.
 
3. If you dismiss an employee who's completed her probation period and replace her with a newly hired employee, it's not consistent with the purpose of probation. This constitutes as unfair labour practice.
 
4. You must use dismissal as a last resort.
 
In this article, we explain that, if after the probation period has ended and there's still been no improvement, you must look at other alternatives. You must investigate the reasons for the bad performance and try to remedy the situation.
 
Now that you know these four points, don't break the law when it comes to probation periods.
 
PS: For more information on probation periods, check out the Labour Law for managers.


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