Comprehensive Guide to Unfair Dismissal: Probation
If a worker is dismissed during or at the end of his probation, but the employer failed to follow the proper process, the dismissal may be unfair.
It is a common misconception that employers can dismiss workers on probation (or extend the probation) for any reason/no reason and without following a specific process.
Employers owe several obligations to workers on probation, and employers must discharge these obligations in order to give probationers "a fair opportunity to establish themselves and earn the permanent position".
If an employer fails to fulfill his obligations and he dismisses the probationer during or at the end of the probation period, the dismissal may be unfair and the probationer may be entitled to compensation.
Download this Guide to find out the obligations that employers owe to probationers, and see what the Court looks at to determine if a probationer was unfairly dismissed (or if the probation was unfairly extended).