How fixed is a work contract probation period?

[ToxicBunny]

They can toss you out for the flimsiest of reasons during probation. And I think not being the right fit as in the company culture or so is enough reason.

No, they can't.

They can cover it under "performance" reasons, but they can't just toss you.

 

[rwenzori]

They can toss you out for the flimsiest of reasons during probation. And I think not being the right fit as in the company culture or so is enough reason.

Not so at all. We are way past the 1980s. I have even quoted the relevant bit of law in this thread, yet you persist with this sort of tosh.

 

[drkev]

Hey that sucks man. Well either way they don't want you so time to move on. Hopefully you can get paid out for the remainder of the 6 months.

On a side note I see you take some killer photo's. You manage to earn an income from them? If not you should.

Good luck

 

[Edduck]

WOW thank you everyone for the support MyBB at its best I went to the CCMA today and they said I have a case for unfair dismissal. I will keep you all updated.

Hey that sucks man. Well either way they don't want you so time to move on. Hopefully you can get paid out for the remainder of the 6 months.

On a side note I see you take some killer photo's. You manage to earn an income from them? If not you should.

Good luck

All that I want is a fair dismissal, a decent positive reference and pay for the remainder of the probation. Thanks for complement drkev, I am considering doing some shoots to supplement my income for time being, just difficult jumping into the photography market...

 

[ichigo]

WOW thank you everyone for the support MyBB at its best I went to the CCMA today and they said I have a case for unfair dismissal. I will keep you all updated.



All that I want is a fair dismissal, a decent positive reference and pay for the remainder of the probation. Thanks for complement drkev, I am considering doing some shoots to supplement my income for time being, just difficult jumping into the photography market...

Have you tried doing photographs for weddings?

 

[zolly]

Sucks about the job, but as far as I know that's the whole point of the probation period.

I am considering doing some shoots to supplement my income for time being, just difficult jumping into the photography market...

Hope you have some connections. There's a ton of people who consider themselves photographers in this neck of the woods...

 

[MandM]

Hi Edduck,

You mentioned that you work in science. PM me your e-mail address and I will send you the advert and application for a position available at the SAPS for a forensic analyst in the Western Cape. Requirements: NQF6 qualification majoring in one or more of the following: Forensic Science/Microbiology/Anatomy/Biochemistry/Genetics/Biotechnology/Human Genetics/Medical Science/Molecular Biology/Physiology/Toxicology/DNA analysis/Mathematics/Statistics/Applied Mathematics. The closing date is 5 October.

 

[techead]

having gone through this myself, as a manager, if your employee is still in the probation period (regardless of length) you cant just toss the person when you wanna. its a lot more complicated than that.

you need to have backup and proof that you provided the employee with fair and monthly communication as to their performance. Thereby giving the employee a chance to imprive on whatever issues there might be. only then, if you get to the end of the probation and you have everything on record and things are still not working out for you as an employer then you can let them go. You have a responsibility to let them know why as well.

if you are an employee in a probation period, and one afternoon they come to you and say "thanks for playing bye-bye" with zero prior performance discussion/evaluation you politely tell them that you decline the termination, and that you will see them in the morning. Then call the CCMA

both employer and employees are protected, one just needs to know in which instances you are/arent.

 

[Lucas Buck]

Probation is Not the Easy Way out for Employers labourguide

Ivan Israelstam

Contrary to popular belief a probation clause is not a licence to fire the employee at will. Despite this fact employers frequently misuse the probationary status of the employee to get rid of the employee because:

the employee has committed misconduct
the employer wants to make space for a brother, friend or cousin of the owner
the employee ‘does not fit in’
a manager ‘does not like the employee’s face’

In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the only legitimate purpose of a probationary period is for the employer to assess the suitability of the employee in terms of his/her work performance. A probationary employee is one who has a conditional employment contract (written or unwritten). That is, the continuation of the contract is conditional on whether the employee’s work performance during the probationary period shows that he/she is or is not able to carry out the work properly. While this describes the purpose of the probationary period it does not mean that the employer has a free licence to fire the probationer if the employer believes his/her performance to be unsatisfactory...

Here is some useful information which reiterates what some posters have already said, good luck with your case Edduck.

 

[Edduck]

Sucks about the job, but as far as I know that's the whole point of the probation period.



Hope you have some connections. There's a ton of people who consider themselves photographers in this neck of the woods...

Ja I put an ad on gumtree today for photo services and it is absolutely shocking the quality of the work that some of the people advertise!!! Some of the "portfolio" photos I saw of so called wedding photographers looked like they were taken with cellphone cameras....!

Have you tried doing photographs for weddings?

It is difficult to just jump into the game. I am going to advertise asap and see what happens. I have not done a wedding solo so it is a bit difficult to get that first wedding...

 

[Dolby]

Is probation on a new position the norm now a days?

 

[mooks]

Is probation on a new position the norm now a days?

Hasn't it always been?

 

[R13...]

Hasn't it always been?

No. Some companies have it as standard but some don't have it at all.

 

[Dolby]

I think my current position was permanent off the bat - but it was many years back and I don't really recall ...

 

[FlatspinZA]

Only within reason... and they have to give the employee an opportunity to rectify the issue first.

I thought they were supposed to allow you an opportunity to redeem yourself after being informed. I.e provide you with training etc and see if you're still unsatisfactory.

having gone through this myself, as a manager, if your employee is still in the probation period (regardless of length) you cant just toss the person when you wanna. its a lot more complicated than that.

you need to have backup and proof that you provided the employee with fair and monthly communication as to their performance. Thereby giving the employee a chance to imprive on whatever issues there might be. only then, if you get to the end of the probation and you have everything on record and things are still not working out for you as an employer then you can let them go. You have a responsibility to let them know why as well.

if you are an employee in a probation period, and one afternoon they come to you and say "thanks for playing bye-bye" with zero prior performance discussion/evaluation you politely tell them that you decline the termination, and that you will see them in the morning. Then call the CCMA

both employer and employees are protected, one just needs to know in which instances you are/arent.

That is what I understand as well. The employer needs to provide performance feedback and the opportunity to improve in areas where the incumbent is failing.

From what I see here, they did none of that.

Not only do they need to provide feedback, but they also need to provide education as to how to improve in your particular area of ineptness, for want of a better word.