TERMINATION AFTER THE END OF A PROBATIONARY PERIOD

QUERY: “An employer wants to terminate an employee’s contract for failure to perform to expectations 2 weeks after end of probation. The employer had not yet confirmed the employee, so the question is are there any technicalities if they proceed to terminate for failure of probation.” RESPONSE: Introduction There obviously will be a technicality. The...

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St. Giles Medical Rehabilitation Centre v Patsanza (SC 59/18)

“This provision is clear and requires no interpretation. It seems to me that the provision provides that where an employer decides to include a probationary period in the contract of employment then that period is not renewable. The court a quo in my view correctly found that the use of the word “may” in the...

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