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.

July 3, 2025

Is it a requirement that each page of an affidavit must be initialled? Is it a requirement that every page of every annexure to an affidavit must be initialled?

June 26, 2025

The first leg of the test to determine whether or not urgency exists, when an urgent application is brought, requires a court to assess whether an urgent hearing is necessary because the applicant will not be able to obtain substantial redress in the normal course.

June 19, 2025

Previous articles this year dealt with a zero-tolerance policy when tested positively for alcohol or drugs, as well as a zero-tolerance policy in respect of having tested positive for cannabis. In short, the courts hold the viewpoint that, by means of such policies, an employer is not permitted to create an absolute ‘no go zone’ and, furthermore, held that, at all given times, one of the fundamental questions to be asked, irrespective of the content of such zero-tolerance policy, is the effect of the drugs/alcohol/cannabis on the ability of the employee to do his/her job.