n Law, Democracy & Development - "Worth the paper they are written on"? A look at the new probation provisions

Volume 6, Issue 1
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



The difficulty of making a selection decision can be ameliorated to some extent by the insertion of a probation clause in a contract of employment, which purports to provide the employer with a reasonable period of time within which to assess a new employee's suitability for a position. Despite the intended purpose of the probationary clause. the interpretation and application of these clauses have had a chequered history, resulting in the oft-echoed sentiment that probationary clauses are not worth the paper they are written on. The Labour Relations Amendment Act of 2002 replaced item 8(1) of the Code of Good Practice: Dismissal, with a more detailed set of rules governing the probationary process. This article will examine these amendments and their likely effect.

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