Article 35/2021

Labour Edge

What is the purpose of a probationary period?


In Ubuntu Education Fund v Paulsen NO and Others (2019) 30 SALLR 167 (LAC), the labour appeal court recently stated the following: it is trite that the purpose of a probationary period is not only to assess whether the employee has the technical skills or ability to do the job, but also serves the purpose of ascertaining whether the employee is a suitable employee in a wider sense.  This allows consideration of matters of ‘fit’ – aspects of demeanour, diligence, compatibility and character.  Nevertheless, an employee on probation is still entitled to substantive and procedural fairness.

What are the principles governing the vicarious liability of an employer for acts committed by an employee in breach of the EEA, in terms of s60 of the EEA?

The scenario is as follows: only employees working at a bakery and not employees working at a mill were party to the disputes when referred to conciliation.  At arbitration, the union wanted to join the employees working at the mill.

Is such joinder permissible?

What is the test for unfair discrimination formulated in Harksen v Lane and consistently applied subsequently by the various courts, including, recently, Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v FAWU (2022) 33 SALLR 277 (LC); (2022) 43 ILJ 1584 (LC)?