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.

Does the LRA impose a duty to bargain?

Which principles govern breaches of contracts in the employment sphere?

How did the labour court recently, in Jacobson v Vitalab (2019) 30 SALLR 175 (LC), interpret s187(1)(c) of the LRA dealing with the refusal to accept a demand?