This surprises both employers and employees. Employers who assume probation removes all procedural obligations risk an unfair dismissal claim at the CCMA, even for a genuinely underperforming employee, simply because the process wasn't followed correctly.
Source: Labour Relations Act 66 of 1995
Frequently Asked Questions
Is the process for dismissing a probationary employee identical to dismissing a permanent employee?
Not identical — the process for probationary employees is generally less formal and can move faster, but a fair reason and some form of process is still required.
How long can a probation period legally last in South Africa?
There's no fixed statutory maximum, but a probation period is expected to be reasonable relative to the nature and seniority of the job.
Can an employee dismissed during probation refer a case to the CCMA?
Yes — probationary employees can still refer an unfair dismissal dispute to the CCMA if they believe the dismissal was substantively or procedurally unfair.