Page 16 - Business Sense-11.2 Brian Howarth- ebook

NAVIGATING PROBATION WITH

EMPLOYEES

Colette Tanner, Chief tools and knowledge to succeed period as well as inform the
Operations Officer, in their role. While the probation employee about the performance
DRG Outsourcing is an evaluation period, the evaluation process, including
the frequency, what will be
employee is “employed” and
W hen should not be viewed as a required for the assessments, and
assessment methods.
“temporary” employee.
an
As a guideline, the employee
The Code does not specify a
employee fixed duration for probationary should be assessed and feedback
commences periods. However, employers are provided two to three times over
employment, responsible for deciding the length the probation period. Best practice
both of probation and communicating confirms that managers should
employers it clearly to the employee. As record probationary discussions.
and there is no predetermined term An employee who performs in the
employees of probation, the duration should role will not necessarily require
have certain be reasonable and appropriate an assessment as it is not needed.
obligations to the complexity of the job. The Scheduling an assessment should
to fulfil. In order to ensure length of the probation period is however be considered as soon
a productive and mutually subject to the nature of the job as it is clear to the manager that
beneficial working relationship, as this determines the length of the employee is not fitting in
it is often necessary to have an time it will take to establish the or performing as expected. The
assessment period to evaluate employee’s suitability. It depends purpose of probation is to guide
performance and compatibility. on a number of factors such and assist employees in improving
For an employer to engage a new as complexity of the position, their performance, timely feedback
employee on a probation period, is prior experience, qualification on strengths and weaknesses competency expectation of the role, ■ If the employee did not meet a
common practise. Employers can and operational needs. Another is crucial - avoid leaving the if the employer is able to confirm required performance standard
appoint employees on a probation consideration in having a feedback toward the end or at the the employees work performance whether,
period or a permanent basis probationary period is to facilitate expiry of the probatory period. incompatibility with the job by ■ The employee was aware, or
confirming that they have:
To navigate this crucial phase orientation, which is left for If the employer is satisfied with ■ Provided active and ongoing could reasonably be expected
to have been aware of the
effectively, it is essential for the employer to decide on the the employee’s abilities after the supervision – where managers required performance
employers to understand their most suitable period of time for probation period, the employer actively manage the probation standard, and
rights and responsibilities. The the employment climatisation can appoint the employee on a period in line with the
guidelines for probation and the process. The employer must permanent basis. The employer employee’s employment ■ Dismissal was an appropriate
rights and obligations of both apply consistent probation may also extend the probationary contract. sanction for not meeting the
parties are outlined in Schedule conditions to all new employees period proportionately should an required performance standard
8 of the Labour Relations Act 66 in the same or similar positions, employee have the potential to ■ Provided continuous evaluation Extending Probation
of 1995 (LRA) and the Code of unless there is a justifiable reason improve, however requires more and regular feedback – where
Good Practice: Dismissal. The for differentiation based on time to demonstrate satisfactory regular assessment, counselling, An employer may extend the
Code serves as an important qualifications, experience, performance. and training address period of probation; however,
guideline for probation and or skills. performance issues. such extensions should not be
fair dismissals in South Africa, Probation Period Assessment Meetings ■ Encouraged employee implemented without suitable
ensuring both procedural Poor performance during the engagement – allowing reason and should also not occur
and substantive fairness. The A broad approach to probation probatory period follows a less employees to provide feedback without formal discussion and
guidelines help employers should be avoided, for example formal approach, however this on their performance and agreement with the employee.
maintain fair disciplinary requiring that all employees serve must be a fair process. Scheduling barriers that may prevent The extension of the probation
and dismissal practices while a six-month probatory period. the assessment meetings should be the successful attainment of must be appropriate, and the
protecting employees from A more junior repetitive role considered as soon as it becomes the standard as well as discuss period of extension should not be
arbitrary terminations. The Code in an organisation may afford clear to the manager that the potential solutions. longer than necessary to achieve
sets out that: an employer a shorter period of employee is not performing as It is also required that employers its purpose. Such extension at
the expiry of the probation in the
■ Probation only applies to work time to assess suitability, while expected. This meeting is not a ensure that these activities are absence of consultation with the
it may take longer to assess a
performance or competency, person employed into a more formal enquiry and consists of a documented, and managers keep employee should be avoided.
and that misconduct during senior strategic role. Moreover, discussion between the employee detailed records of discussions
probation is treated in the same an unreasonably long period and their manager on how the and interactions which include: Probation periods play a
way as a permanent employee of probation may constitute an employee is not complying ■ Meeting minutes – significant role in the employment
would be treated for the same unfair labour practice. with the job requirements, the documenting discussions with relationship. They offer a trial
condition. identification of the reasons or employees, which also include period for both employers
barriers that exist, preventing
■ Probationary employees are It is recommended that the the employee from meeting the informal monitoring and / or and employees to assess the
entitled to the same full probation period be explicit and standard and the remedial steps training sessions. suitability of the job and the
protection of labour laws as that form part of the employment with a clear review period and ■ Agreeing solutions – recording working environment. Probation
of permanent employees. contract. The expectations of timelines. Where the employer agreed-upon solutions to periods should be approached
with fairness, transparency, and
the company must be stated
■ Probationary employees may clearly, without ambiguity, and is required to provide training, addressing performance issues. adherence to the principles of
not be dismissed “at will”, understood by the employee at the this should be agreed on with the ■ Defining improvement labour law. Open communication,
and that any dismissals must be commencement of employment. expected timelines. deadlines – setting and clear expectations, and regular
substantively and procedurally The contract should clearly reflect documenting reasonable feedback are essential for a
Further meetings with the
fair. the duration of probation, as well employee to evaluate the review deadlines for performance successful probationary period
as the start and end dates. improvement. that benefits both parties
Evaluation Period period should consist of positive
and negative feedback received. ■ Outcome tracking – monitoring involved. 
The purpose of probation is Performance Evaluation Should the employer determine results of implemented
to enable employers to evaluate During the probation period, at this point, that the employee’s measures to help the employee For more information please contact
a new employee’s suitability the employer should provide the performance is below standard, meet the required standard. Colette Tanner,
over a reasonable and mutually employee with the necessary the employee should be informed T: +27 (0)31 767 0625
agreed period, providing an guidance, training and in a final meeting. Any person determining E: colette@drg.co.za
opportunity for improvement evaluation. Importantly, at the whether a dismissal for poor W: www.drg.co.za
before confirming employment. commencement of employment, Employee Dismissal work performance is unfair
Moreover, employers should the employer must provide a An employer is able to dismiss should consider:
guide and support employees comprehensive explanation of the an employee at the end of their ■ Whether or not the employee
during the probation period to expected standard required of the probation for not meeting the failed to meet a performance
ensure they have the necessary employee during the probation required performance standard or standard, and

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