Labour Law

Probation

A probation period allows an employer to assess a new employee's performance and suitability before confirming permanent employment. Dismissal during probation still requires fairness.

Legal Definition

A trial period for new employees, typically three to six months. During probation, the employer must: (1) set clear performance standards, (2) evaluate performance, (3) give guidance where standards are not met, (4) give a reasonable opportunity to improve. Dismissal for poor performance during probation is permitted but must follow a fair procedure.

📖 Constitutional / Statutory Basis: Section 23, Constitution of the Republic of South Africa, 1996; Code of Good Practice: Dismissal, Labour Relations Act 66 of 1995

Practical Example

An employee is dismissed at the end of probation for poor performance without any feedback or warning. This is procedurally unfair — the Code requires counselling and a reasonable opportunity to improve.

Frequently Asked Questions

Can I be dismissed without a hearing during probation?

No. Even probationary employees have the right to a fair process — though the procedure can be less formal than for permanent employees.

Does the CCMA have jurisdiction over probation dismissals?

Yes. A probationary employee can still refer an unfair dismissal dispute to the CCMA.

Can a probation period be longer than six months?

For complex or senior roles, longer probation periods may be justifiable, but probation should not be used to indefinitely delay permanency.

Related Terms

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