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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 common purpose misconduct?

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.