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 The Labour Consultancy. THIS week, Labour Guides revisits the issues around probation.
Labour Guides constantly receives queries surrounding issues which have been covered in previous editions, such as probation. We are revisiting probation and examining many of the aspects most often asked about, but urge users to take a look at our fairly extensive Index, as well as the Letters sections, to see whether their questions and areas of interest may already have been dealt with.
The importance of the new Labour Relations Act cannot be overstated. No more so than in the case of newly hired employees who are placed on a probationary period. Prior to the Act it was possible for the employer and employee to enter into a contract between them where it was agreed that either party may give notice of termination of employment of twenty four hours or some other specified longer period without having to give any specific reason for the decision. The new Act over-rides all contracts, written or verbal, where such contracts impose conditions less favourable to the employee than are specified by the Act. In fact Labour Relations are today defined by BA and AA - before the Act and after the Act! A newly hired employee may be placed on probation for a period that is reasonable given the circumstances of the job. The period should be determined by the nature of the job and the time it would take to determine if the employee will be suitable for continued long term employment. A period of one to three months is the usual norm. Longer probationary periods may bring with them added problems if the employer decides to dismiss the employee. Before employing a new employee make sure that the position for which they are being employed is clearly defined and that the employee is fully au fait with the job description. The terms and conditions of employment should be reduced to a written contract. There is an obligation on the applicant when applying for a position to give the true facts of his experience and knowledge with regard to the requirements of the job for which he/she is applying. There is however a responsibility on the employer to properly screen candidates as to their suitability. The perception of an employer's opinion as to the competence required for a particular job may be very different to that of the applicant or for that matter even the perception of another employer in the same situation. In certain situations where particular skills are required for example in - computer programming, typing, welding ..., a practical test given to an applicant may save time and tears in the future. During the probationary period an employee may be fairly dismissed for misconduct, or such reasons which are good, valid and fair. The most common reason is for Incapacity:- poor work performance. NB! During the probationary period the employer should give an employee whatever evaluation, instruction, training, guidance or counselling the employee requires to render satisfactory service. It is essential that an employee should be given the opportunity to state their case, assisted by a trade union representative or fellow employee, if dismissal is being considered by the employer. Following fair and correct procedures in terms of the act the employee may then be dismissed for his inability to meet the required job standards. If it becomes apparent during the probationary period that the employer and the employee are not compatible, for personal but non discriminatory reasons and ensuring all the above criteria have been met and that fair procedures are followed, the employee may be dismissed. Note:- You should follow dismissal procedures set out by the Labour Relations Act and Basic Conditions of Employment Act when dismissing an employee during probation.
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