Dismissal during probationary period of employment in South Africa : an international perspective

Abstract

It is a universally acceptable practice to employ newly hired employees on a probationary period. In general terms the purpose of probation is to give the employer an opportunity to evaluate the employee's performance before confirming the appointment. This in itself seems to be an uncomplicated process; however, the scenario, especially in South Africa, becomes more complicated if an employer wants to terminate an employee's service during the probationary period of employment or terminate the services of an employee at the end of the probationary period. The right to a fair dismissal is well recognised in South African labour law; this right also extends to employees during their probationary period of employment. Convention 158 of the International Labour Organisation (ILO) provides guidelines in respect of the termination of employment, also during the probation period. In this article the ILO's standards with regard to the termination of employment during probation are considered. South Africa was a former colony of the Netherlands and the United Kingdom, in light of this the respective positions on dismissal during the probation period of employment in the Netherlands and the United Kingdom are also analysed. This provided the researcher with an opportunity to determine if South Africa's dismissal regime during the probationary period of employment is in line with some international perspectives and it appears that dismissal during the probationary period of employment in South Africa is out of step with international standards and developments.