Probation: Know what your rights and obligations are!

Probation is a useful tool, but is has to be managed and administrated properly. The employer should ensure that it does not find itself stuck with an incompetent employee simply because it did not use the available processes properly. On the other hand, probation should not be used by employers to abuse new employees who are eager to please; or see it as a period during which the probationary employee can almost be dismissed ‘at will’ – regardless of whether it is related to performance, misbehaving or simply because the employer does not like the employee.

  • What is the purpose of probation
  • To whom does probation apply
  • Is probation compulsory
  • How long should probation be
  • Is there such a thing as a probationary contract
  • Legal requirements governing probation – assessment and assistance; discussion and counselling
  • Taking a decision – dismissal / extension of probation
  • Risks if the probationary period is not managed properly or timelines are not kept


Speaker:  Judith Griessel, Employment Relations & Labour Law Consultant of Griessel Consulting