Page 15 - DRG HR HANDBOOK- Nikita Pillay
P. 15
The following actions should be taken before dismissing FOLLOWING DUE PROCESS TO TERMINATE
an employee on probation: AN EMPLOYEE DURING PROBATION
The employee must be put on probation for a
It is important to note that the probationary period is
reasonable period to understand the role,
there for the advantage of the employee, in that it allows
The employee’s performance must be managed time for the employee to learn the requirements of the
proactively, and the employee given feedback job in order to perform their duties efficiently.
and support,
An employee can be terminated at any point during their
The employee must be given enough time to improve. employment should they fail to perform up to standard,
The employee must be invited to make however due process needs to be followed.
representations before deciding to dismiss; and Due process means engaging in a performance
There must be a fair reason for dismissal, and management process which entails having all supporting
due process must be followed. documents, evidence of training and indicate how the
employee has been supported during this period to
A probation clause in South Africa is not a licence for
improve performance.
employers to dismiss an employee at will. Despite this
All meetings need to be documented highlighting the
fact employers frequently misuse the probationary
deviations, and agreeing on an action plan going forward,
status of the employee to try to get rid of the employee for
to help the employee to meet set goals and targets and
various reasons, such as the employee has committed
improve. After the agreed period of time spent in the
misconduct, the employee ‘does not fit in’, or a manager
performance management process, and should the
‘does not like the employee.
employee not improved to an acceptable standard, then
Sometimes employers appoint new employees on a
a performance hearing will be held.
probation period for the wrong reasons. Many times,
The performance hearing allows for both parties to
a probation period is used as a type of ‘fixed-term’
present their cases, and a decision will be taken by the
contract to terminate the employee’s employment on
Chairperson whether or not to terminate the employee’s
completion of the probation period, if the employee
employment based on poor performance, or to allow for
allegedly does not meet the job requirements or
further time to improve.
even sometimes for any other inappropriate reason.
Employers are under the wrong impression that it is To justify a termination, the employer needs to show
easier to dismiss an employee who is on probation evidence that a flawless process was followed and
as they do not have to comply with the law. This is of everything possible was implemented to assist 15
course a misconception. the employee.
