You go through the strenuous task of interviewing and finally hire an employee, however you realize that this employee is not performing to your expected standard. What can you do?
What is the purpose of probation?
The purpose of probation is to check whether an employee is suitable for the position they were initially appointed for. Having an employee put on a probation period is perfectly legal.
If they are found suitable then the position is made permanent
A probation period is normally 3 months in duration and may be extended but not be longer than 6 months.
According to the Labour Relations Act (LRA), Probation is dealt with under the ‘Code of Good Practice – Dismissal’, Schedule 8.
It is important for an employer to note that an employee who commits an act of misconduct during their probation period, would result in the company holding a disciplinary hearing.
However, this does not result in the same process for Poor Work Performance.
During probation, you can not just fire an employee.
There is a process to follow and legal requirements which need to be met to ensure the dismissal will be substantively and procedurally fair.
What process must be followed for dismissal due to poor work performance?
The guidelines for dismissal for poor work performance (in general) are set out in the Code as follows:
“Any person determining whether a dismissal for poor work performance is unfair should consider-
- Whether or not the employee failed to meet a performance standard; and
- If the employee did not meet a required performance standard whether or not-
- The employee was aware, or could reasonably be expected to have been aware, of the required performance standard;
- The employee was given a fair opportunity to meet the required performance standard; and
- Dismissal was an appropriate sanction for not meeting the required performance standard.”
A probationer’s performance must be monitored and assessed continuously from the commencement of employment with the above guidelines in mind.
How should you manage the probationary period?
Managers must actively manage employees the probationary period in line with the contract of employment and address performance issues immediately.
Make sure you have a written record and point out to the employee in which areas he/she is not meeting the company’s expectations.
The employee must also be allowed an opportunity to state his/her case is and how this could be addressed going forward.
Companies can benefit from a Probation Clause, but the legal process must be followed correctly.
