Dismissal during probation period

[superB]

We recently employed someone to replace one of the guys in the office. So far he has been an absolute disaster. We have had clients phone in to complain about his behaviour with them; he has stepped on many toes in the office and has generally just made an incredibly bad impression on every one. Its not that he hasnt performed his duties but he has conducted himself very inappropriately whilst doing them.

My boss now wants to let him go but before that she has consulted with our lawyers to see where we stand. Apparently he could still take us to the CCMA if we dont follow certain procedures. I was under the impression that if one is still in a probation period you can be let go without much substantiated proof.

Is this true? What is the neccessary process to dimiss someone who is still on probation (he hasnt been with us for a full month yet)?

EDIT: Apparently we may even have to pay him out if we want him to leave immediately?

[rwenzori]

AFAIK same procedures as for any employee - "probation" is a nonsense in that sense.

[MeNeZ]

Depends on the contract really...

[Dolby]

I'd have guessed the same as you ; you don't require a reason to get rid of someone within probation. Otherwise, what's the point of it all?

[The_Librarian]

That's what probation periods are there for.

Get a second opinion from labour law specialists.

[alisiaoh]

Depends on te contract he signed.... he might have to be paid for a full month but i cant think that he is owed more than that....

[PsyWulf]

Depends what he signed really,and if this contract was acceptable under Labour law guidelines. Though flat-out firing doesn't stride there

With probational periods its generally a 1month contract renewable if you are found suitable. If not the contract just isn't renewed - no problem with that

Dunno how you set up this one

[web]

Everyone goes to CCMA these days but they don't always get what they are after, let him go now even if CCMA does make you pay it will be a small amount cause he hasn't been there for long

[Pitbull]

Does probation still exist :confused:

Any which way, you need to get him inline with warnigs/Coaching and so forth. If all that fails then nail his arse to the wall.

And next time do a better job at the interviews :p

[blunomore]

From a HR point of view, one of the purposes of a probation period is also to see whether the employee is "beyond redemption" or if, with a bit of tweaking, s/he can perform the duties as expected.

[CathJ]

I'd have guessed the same as you ; you don't require a reason to get rid of someone within probation. Otherwise, what's the point of it all?

To fool the employee into thinking you don't have to have a reason to fire him?

I agree with you, though, that's what I would have thought. I'd imagine the lawyers superB's boss consulted know best, though.

[web]

I don't understand peoples phobia of the CCMA if someone is not doing their job bomb them, so what if CCMA makes you pay him out, would you rather keep an unproductive expensive employee for the next six months paying him a salary he doesn't deserve ? Or make a once of payment and then it's done. We have a policy if they don't fit get rid of them and the CCMA payments have never been overboard.

[MeNeZ]

If you have been working for 6 months or more, then notice period is is one month. Any less, is 2 weeks.

But I'm pretty sure, in this case its 24 hours...

(I did some research before I resigned from my previous place) :D

All of the above will be void tho, if otherwise indicated on his contract...

[bboy]

Surely he can only be on a probation perdiod if he is not actually employed full time. Therefore let it run out

[The_Second_One]

He can definately still take you to CCMA, he probably won't get much because he has been employed for such a short time. We've dismissed somebody a few years ago who was still under probabation. Even with evidence of not doing his job, but unfortunately not enough evidence. He went to CCMA and won another months and half's salary...

[CathJ]

Surely he can only be on a probation perdiod if he is not actually employed full time. Therefore let it run out

No, there's normally a probation clause in your full-time contract, whereby normally they have to give a month's notice but in the probation period they only have to give you a week's notice, for little to no reason.

[Deenem]

Option 1: Go over his CV with a fine tooth comb. If he lied about anything then you can fire him.

Option 2: Retrench him. Economic downturn etc. You'll have to wait six months to replace him but at least he will be gone.

And whatever you do, next time make sure he's suitable for the job. The whole point of the new labour laws is to place the onus on the employer to ensure the person can do the job they've been hired to do. If you hire someone and they can't do the job, the law says you are at fault for not making sure they could actually do the job.

[Waaib]

My HR basics training that I had to do when I started having to hire and fire people taught me the probation does not exist anymore. You either hire a person or you don't. The only exception given was 'work for free' scenarios where people would do 1 to 3 month work for free and be hired based on that performance.

The trainer made a comment that it's often cheaper to pay the person after a CCMA ruling than put up with the problems, disruptions and business lost.

[Sackboy]

I think he probably needs guidance, especially if it's his first job. If you've given advice, told him what to do or not, and he still stuffs up, then you can and should let him go.

[Lourens]

This forum is not the place to seek advice on this matter.

You have to inform the employee of their short commings during the probation period and seek ways to overcome them. This mean that you have to give the employee addtional traing through internal or extrenal sources if necessary to improve the employee performane. The employee will have the upper hand in a CCMA hearing if you fail to do this. You will have to prove in the hearings that you made every effort to help the employee overcome their short comming and that you did discuss the perfomance with the employee to remove the element of surprise at dismissal at the end of the probation period.

[Sackboy]

This forum is not the place to seek advice on this matter.

You have to inform the employee of their short commings during the probation period and seek ways to overcome them. This mean that you have to give the employee addtional traing through internal or extrenal sources if necessary to improve the employee performane. The employee will have the upper hand in a CCMA hearing if you fail to do this. You will have to prove in the hearings that you made every effort to help the employee overcome their short comming and that you did discuss the perfomance with the employee to remove the element of surprise at dismissal at the end of the probation period.Great advice ...