Facebook   Twitter    YouTube    RSS Feed    Android App    iPhone and iPad App     BlackBerry App    
Subscribe to Newsletter



Page 1 of 2 1 2 LastLast
Results 1 to 15 of 21

Thread: Dismissal during probation period

  1. #1

    Default Dismissal during probation period

    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?
    Last edited by superB; 22-01-2009 at 03:39 PM.
    COGITO ERGO DOLEO

  2. #2
    Super Grandmaster
    Join Date
    Feb 2006
    Location
    SS Totenkopf
    Posts
    9,741

    Default

    AFAIK same procedures as for any employee - "probation" is a nonsense in that sense.
    "Non-commercial native" It's tattooed in your veins.

  3. #3

    Default

    Depends on the contract really...
    I'm not crazy......I'm just misunderstood

  4. #4

    Default

    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?
    http://www.riverbed.com/

    Jägermeiʃter can fix that!

  5. #5
    SmoothOokerMaximus The_Librarian's Avatar
    Join Date
    Apr 2005
    Location
    Amon Sûl
    Posts
    87,492
    Blog Entries
    19

    Default

    That's what probation periods are there for.

    Get a second opinion from labour law specialists.
    Christ-mass is NOT for Christians. Jeremiah 10.
    Is the 10 Commandments for Christians?

    Saturday is the Seventh day, Sunday is the first day.

  6. #6

    Default

    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....
    Also known as Wenzdayz on MyGaming

  7. #7

    Default

    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
    www.domaincheap.co.za
    50% off 1 month Afrihost Uncapped here
    Speak to me about Priority after-hours technical support and remote maintenance

  8. #8
    Grandmaster web's Avatar
    Join Date
    Feb 2005
    Location
    Hillcrest
    Posts
    4,567

    Default

    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
    "Some people feel the rain. Others just get wet."
    Bob Dylan

  9. #9

    Default

    Does probation still exist

    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
    I have signed up with Bitco and it's by far the best internet I have ever had. Get a quote

  10. #10
    Super Grandmaster blunomore's Avatar
    Join Date
    Jul 2007
    Location
    Sandton, JHB
    Posts
    25,280

    Default

    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.
    Quote Originally Posted by jingaling View Post
    Blu, you're a genius.

  11. #11

    Default

    Quote Originally Posted by Dolby View Post
    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.
    ~Knowledge is Power~

  12. #12
    Grandmaster web's Avatar
    Join Date
    Feb 2005
    Location
    Hillcrest
    Posts
    4,567

    Default

    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.
    "Some people feel the rain. Others just get wet."
    Bob Dylan

  13. #13

    Default

    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)

    All of the above will be void tho, if otherwise indicated on his contract...
    I'm not crazy......I'm just misunderstood

  14. #14

    Default

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

  15. #15

    Default

    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...

Page 1 of 2 1 2 LastLast

Bookmarks

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •