Workplace & Labour Rights
Probation Does Not Mean No Rights
An employer claims a probationary employee can be dismissed for any reason at any time.
Premium
foundational
8 minutes
The Fallacy
False Premise / Appeal to Ignorance
This statement assumes that probationary status strips an employee of all legal protection, which is factually incorrect under South African labour law. It exploits the employee's likely unfamiliarity with their rights during probation. The argument is designed to discourage the employee from seeking recourse by presenting a false legal reality.
What the Law Says
Your Legal Foundation
Labour Relations Act 66 of 1995
Schedule 8, Item 8(1) — Probationary employees
“An employer may require a newly hired employee to serve a period of probation before the appointment of the employee is confirmed. The purpose of probation is to give the employer an opportunity to evaluate the employee's performance before confirming the appointment.”
Probation is for performance evaluation — it does not grant the employer a blank right to dismiss for any or no reason.
Labour Relations Act 66 of 1995
Schedule 8, Item 8(3) — Fair procedure during probation
“If the employer determines that the employee's performance is not satisfactory, the employer should give the employee appropriate evaluation, instruction, training, guidance or counselling and, if necessary, a reasonable extension of the probationary period. If the employer decides to dismiss the employee or to extend the probationary period, the employer should advise the employee of the reasons and the employee should have the opportunity to make representations.”
Even during probation, the employer must give the employee reasons for dismissal and an opportunity to respond before terminating employment.
Labour Relations Act 66 of 1995
Section 188(1) — Automatically unfair dismissals
“A dismissal is unfair if the employer fails to prove — (a) that the reason for dismissal is a fair reason — (i) related to the employee's conduct or capacity; or (ii) based on the employer's operational requirements; and (b) that the dismissal was effected in accordance with a fair procedure.”
A probationary employee dismissed without a fair reason and fair procedure can refer an unfair dismissal dispute to the CCMA.
What Scripture Says
God's Word on This
Proverbs 18:17 (NET)
“The first to state his case seems right, but his opponent will come and cross-examine him.”
Justice requires hearing both sides — an employer who dismisses without allowing the employee to respond violates this basic principle of fairness.
Deuteronomy 24:14 (NET)
“You must not oppress a hired worker who is poor and needy, whether one of your fellow Israelites or one of the foreigners who lives in your land and villages.”
An employee in a vulnerable probationary position is precisely the kind of worker Scripture warns against exploiting.
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What They'll Say Next
Common Counter-Arguments
After you respond, they may push back with these arguments. Members get the full rebuttal for each.
They might say: “Your contract says probation can be ended at any time — you signed it.”
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They might say: “You have not been employed long enough to refer to the CCMA.”
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They might say: “We can just say this is the end of your probationary contract — it is not a dismissal.”
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