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com Free Download - 9 January 2004

Probation and probationary review periods.
An amendment to the Code of Good Practice : Unfair Dismissal contained in schedule 8 of the LRA
regulates the respective rights of an employer and employee in a probationary context. The amendment
provides that an employer may require a newly hired employee to serve a period of probation before the
appointment of the employee is confirmed.
The amendment confirms that the purpose of probation is to give the employer an opportunity to
evaluate an employee's performance before confirming an appointment. It is made clear that probation
should not be used for other purposes, for example, to deprive employees of the status of permanent
employment. Thus a stratagem of dismissing employees who complete their probation and replacing
them with newly hired employees is not consistent with the purpose of probation and in terms of the
amendment to the definition of unfair labour practice (see above) would be actionable. The Code of
Practice provides that the period of probation should be determined in advance, and should be of
reasonable duration. No specific period is prescribed, but the reasonableness of the length of any
probationary period should be determined with reference to the nature of the job, and the time it takes to
determine an employee's suitability for continued employment.
During the probationary period, an
employee is entitled to have his or her performance evaluated, and to be given whatever instruction,
training, guidance or counselling is required to allow the employee to render satisfactory service. If the
employer determines that the employee's performance does not meet the required standard, the
employer is required to advise the employee of any aspects in which the employee fails to meet those
standards, or any aspects in respect of which the employee is alleged to be incompetent.
If the employer decides to dismiss an employee or extend a probationary period, the employer is
required to invite the employee to make representations with the assistance of a trade union
representative or fellow employee if required. If the employer decides to dismiss the employee, the
employee is entitled to be advised of the right to claim unfair dismissal.
Perhaps the most significant element of the amendment is the provision to the effect that any person
making a decision about the fairness of a dismissal of an employee for poor work performance during or
on the expiry of a probationary period ought to accept reasons for dismissal that may be
"less compelling" than would be the case had the dismissal been effected after the completion of the
probationary period. This establishes a lower hurdle of substantive fairness that the employer must jump
to prove the fair dismissal of a probationer.
Source: "What you need to know about the LRA amendments" by Perrott Van Niekerk Woodhouse Inc.

www.elaw.co.za

Attached below is a suggested probationary review form to allow employers to schedule and evaluate
employees during the probationary period.
This is a free download available from Workinfo.com - www.workinfo.com
Subscribers have access to our complete database of pro forma policies and
procedures.

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PROBATIONARY EMPLOYEE PERFORMANCE EVALUATION

Projected Probationary End Date:
Review Interval
6 weeks / one month

12 weeks / 2 months

Probationary Period End

Employee Name (Last, First, Middle)

Position Number

Employee ID Number
Role Title

Department
Employment Date

Other:

Work Title
Sub-Division

Supervisors Name

Supervisors Title

Evaluator's Name

Evaluator's Title

Note:- Incapacity: Poor work performance - Probationary employees

Please read the following provisions relating to probationary employees and sign in the space provided indicating
that you have read and understood these provisions.
(1) (a) An employer may require a newly-hired employee to serve a period of probation before the appointment of
the employee is confirmed.
(b) The purpose of probation is to give the employer an opportunity to evaluate the employees performance before
confirming the appointment.
(c) Probation should not be used for purposes not contemplated by this Code to deprive employees of the status of
permanent employment. For example, a practice of dismissing employees who complete their probation periods
and replacing them with newly-hired employees, is not consistent with the purpose of probation and constitutes an
unfair labour practice.
(d) The period of probation should be determined in advance and be of reasonable duration. The length of the
probationary period should be determined with reference to the nature of the job and the time it takes to determine
the employees suitability for continued employment.
(e) During the probationary period, the employees performance should be assessed. An employer should give an
employee reasonable evaluation, instruction, training, guidance or counselling in order to allow the employee to
render a satisfactory service.
(f) If the employer determines that the employees performance is below standard, the employer should advise the
employee of any aspects in which the employer considers the employee to be failing to meet the required
performance standards. If the employer believes that the employee is incompetent, the employer should advise the
employee of the respects in which the employee is not competent. The employer may either extend the probationary
period or dismiss the employee after complying with subitems (g) or (h), as the case may be.
(g) The period of probation may only be extended for a reason that relates to the purpose of probation. The period of
extension should not be disproportionate to the legitimate purpose that the employer seeks to achieve.
(h) An employer may only decide to dismiss an employee or extend the probationary period after the employer has
invited the employee to make representations and has considered any representations made. A trade union
representative or fellow employee may make the representations on behalf of the employee.
(i) If the employer decides to dismiss the employee or to extend the probationary period, the employer should
advise the employee of his or her rights to refer the matter to a council having jurisdiction, or to the Commission.
(j) Any person making a decision about the fairness of a dismissal of an employee for poor work performance
during or on expiry of the probationary period ought to accept reasons for dismissal that may be less compelling
than would be the case in dismissals effected after the completion of the probationary period.
Employee Signature:

Date:

Supervisor Signature:

Date:

Section A : for the Evaluator to complete

Instructions to Evaluator: The Supervisor or direct line manager of the probationary employee is
normally also the evaluator. Only in exceptional circumstances, for example, due to interpersonal conflict
or non-availability of the line manager, should an evaluator (other than the supervisor) be appointed.
Evaluators should refer to the employee's job description when completing this form; the evaluation
2
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should focus on the employee's ability to perform the job duties listed in the job description. Employees
should be evaluated at least three times -- at monthly or six-week intervals, and one other time before
the end of the probationary period. Indicate the evaluation of the employee's job performance by writing
a number between 1 and 3 on the blank line to the right of each attribute, in the appropriate column. Use
the following scale:
1 = Unacceptable;

2 = Needs Improvement;

3 = Satisfactory

See the reverse side of this form for additional comments to the evaluator and the employee.
6 WEEKS*

12 WEEKS*

FINAL

DATE

QUANTITY OF WORK
The extent to which the employee accomplishes assigned work of a
specified quality within a specified time period
QUALITY OF WORK
The extent to which the employee's work is well executed,
thorough, effective, accurate
KNOWLEDGE OF JOB
The extent to which the employee knows and demonstrates how
and why to do all phases of assigned work, given the employee's
length of time in his/her current position
RELATIONS WITH SUPERVISOR
The manner in which the employee responds to supervisory
directions and comments. The extent to which the employee seeks
counsel from supervisor on ways to improves performance and
follows same
COOPERATION WITH OTHERS
The extent to which the employee gets along with other individuals.
Consider the employee's tact, courtesy, and effectiveness in dealing
with co-workers, subordinates supervisors, and customers
ATTENDANCE AND RELIABILITY
The extent to which employee arrives on time and demonstrates
consistent attendance; the extent to which the employee contacts
supervisor on a timely basis when employee will be late or absent
INITIATIVE AND CREATIVITY
The extent to which the employee is self- directed, resourceful and
creative in meeting job objectives; consider how well the employee
follows through on assignments and modifies or develops new
ideas, methods, or procedures to effectively meet changing
circumstances
CAPACITY TO DEVELOP
The extent to which the employee demonstrates the ability and
willingness to accept new/more complex duties/responsibilities
Section B: This section must be completed by the Supervisor only:Describe your new employee's performance / conduct.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Does this employee demonstrate the expertise and general skill level you expected based on the job
application and interview?
Yes No
If no, in what way does this employees performance differ from your expectations?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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_____________________________________________________________________
Do you consider this employee to be making progress appropriate to their length of employment?
Yes No
If no, please describe the areas that need improvement?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Have you made arrangements for the employee to receive additional training?
Yes No
If yes, what training? Where conducted?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Have you spoken to the employee about areas of concern at any time other than during this probationary
review?
Yes No
If yes, what was the employees reaction to the discussion?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
What goals have you and this employee set for the next few weeks/ months on the job?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Does it seem probable that this employee will satisfactorily complete the probationary period?
Yes No
If no, please explain.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Any additional comments or concerns?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Recommended Action
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Type of Training
Source: www.workinfo.com

Examples for a call centre employee (please edit according to

internal requirements)
4

On-the-job
Classroom
External
"Buddy" training
Appoint mentor

e.g. re-do module 2 of customer service training course

e.g. Attend company customer service training course
e.g. attend Call Centre software training course
e.g. place employee on same roster as Samantha (most
experienced call centre employee)
e.g. appoint John Smith, Customer Support Manager, as mentor
for duration of probationary period to familiarize employee on
customer service requirements

Recommended measures
Action
Reason
Responsible Person
By When
Action
Reason
Responsible Person
By When

Section C: For the Employee to complete

Provide a brief overview of your current working environment?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Did you undergo a formal HR orientation? Yes
No
Was your formal HR orientation session helpful?
Yes No
If no, what could be to make the formal HR orientation more beneficial to you?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Are you starting to feel comfortable in your new job?
Yes No
If no, what can be done to help you feel more comfortable?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Did you receive a job description?

Yes

No

Is the job you are doing different from what was described to you, either verbally or on your job
description?
Yes
No
If yes, in what way does it differ?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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Do you feel that you have the knowledge/skills to be proficient at your job?
Yes
No
If no, what additional support or training do you feel you need to become proficient?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Has your supervisor spoken with you about your progress to date?
Yes
No
If yes, what was the outcome?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Recommended measures
Action
Reason
Responsible Person
By When
Action
Reason
Responsible Person
By When
Section D :
Employee Comments (please include date; attach additional paper if necessary):
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Evaluator Comments (please include date; attach additional paper if necessary):
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Recommendations by Supervisor / Evaluator:Should the employee's probationary period be extended: Yes No
Period required: _______________________________________________________
_____________________________________________________________________
Reason : (explain benefit to employee and company for extending the probationary period, for example,
what skills would be acquired by the employee through the extension of the probationary period itself):_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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TO BE COMPLETED ONLY AT LAST EVALUATION BEFORE END OF PROBATIONARY PERIOD:

I recommend this probationary employee become permanent and continuous.
I recommend that disciplinary action be taken against this probationary employee before the end of
the probationary period and will submit the appropriate forms.
I recommend this probationary employee's probationary period be extended by a further _____
weeks / months. Note:- An employer may only decide to dismiss an employee or extend the probationary
period after the employer has invited the employee to make representations and has considered any
representations made. A trade union representative or fellow employee may make the representations on
behalf of the employee.
Employee resigned before completion of probationary period. (It is important that the HR Department
receive this form even if employee has resigned.)

Comments to Evaluator and Employee. Evaluators should discuss the evaluation results with the
employee. At a minimum, employees must be given a copy of the evaluation for their own records. Both
the evaluator and the employee should sign the evaluation form. The employee signature indicates only
that the employee received a copy of the evaluation. It does not necessarily signify employee
concurrence. Both employees and evaluators are strongly encouraged to include written comments.
Note:- If the employer decides to dismiss the employee or to extend the probationary period, the
employer should advise the employee of his or her rights to refer the matter to a council 1 having
jurisdiction, or to the Commission (CCMA).
6 WEEKS
EVALUATION

________________________ ___________________________________
(Evaluator Signature and Date) (Employee Signature and Date)

12 WEEKS
EVALUATION

________________________ ___________________________________
(Evaluator Signature and Date) (Employee Signature and Date)

FINAL ______________________________ ___________________________________

EVALUATION (Evaluator Signature and Date) (Employee Signature and Date)
Copies of this evaluation must be placed on the employee's personnel file.

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Workinfo.com
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Workinfo.com is South Africas only dedicated Human Resources website serving the
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Workplace Performance Technologies (Pty) Ltd
Reg. No. 98 01552/07
Vat Reg. No. 4450172582
PO Box 1029
Melville
Gauteng 2109
Tel: 012 669 0524
Fax: 012 669 0186

Gary Watkins
Tel: 012 - 669 0524
Fax: 012 - 669 0186
Cel: 082 416 7712
Email: radwat@global.co.za
Business Development & Sales
Shirley Watkins
Tel: 012 - 669 0524
Fax: 012 - 669 0186
Cel: 084 456 8346
Email: shirleyw@global.co.za

Websites
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Human Resources for todays workplace
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Workinfo.com - the most up-to-date and comprehensive legal and human resource website
serving the South African legal and business community since 1997. This subscriptionbased website has established itself in the market as a reliable and useful resource for large
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Workplace Performance Technologies aims to bring together the best Human Resource
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We provide consultancy services in the following areas of Human Resource Management:

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able to provide the following services to support your communication strategy:

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Workinfo.com

Workplace Performance Technologies

(Pty) Ltd
Reg. No. 98 01552/07
Vat Reg. No. 4450172582

human resources for todays workplace

PO Box 1029 Melville

Gauteng South Africa 2109

Workinfo.com
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Reg. No. 98 01552/07
Vat Reg. No. 4450172582
PO Box 1029
Melville
Gauteng 2109

Consulting Support
Gary Watkins
Tel: 012 - 669 0524
Fax: 012 - 669 0186
Cel: 082 416 7712
Email: radwat@global.co.za
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