14/04/2025
Item 8 of the Code of Good Practice: Dismissal, deals with probation.
An employer may require a newly hired employee to
serve a period of probation before the confirmation of the employee’s appointment. The purpose of probation is to establish whether or not the appointee’s performance is of an acceptable standard before permanently employing the employee. Probation is for newly appointed employees only.
A probationary period should be reasonable. The probationary period should be stated in writing and may be extended, within reason, where the employer is not convinced that the employee is performing to the required standard. If the period is extended, it should once again be done in writing. The purpose of the extension is to give such employee an opportunity to improve on the identified
shortcomings. Probation serves to identify performance problems before permanent employment is confirmed and to reasonably address these problems.
During the probationary period, performance of the employee should be assessed. If the employee fails to meet the required standards or displays behaviour that is incompatible with the ethos of the workplace, the employee should be advised of these shortcomings.This means that the employer should evaluate an employee during the probationary period and should provide regular feedback to him or her. An employer should give an employee on probation, reasonable
evaluation, instruction, training, guidance or counselling as
required by him/her in order to render satisfactory work.
Where performance problems continue despite such intervention, the employer may follow incapacity procedures.
It is not necessary to hold a formal inquiry. The rules of natural Justice will apply (e.g. when making representations the employee may be assisted by a fellow employee).
Only after considering all representations may the employee be dismissed or the probation period be extended. The finding should be made in writing. Where the probation period is extended, the employer needs to set out clear performance standards that the employee should meet during the specified period of time.
The Code of Good Practice for Poor Performance: Incapacity, does not apply to probationary employees.
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