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Question
Posted by: Jenni | 2010/10/08

Probation

A staff member on probation has been off sick for almost 2wks and has not done the job as was shown to him when he was at work. Only employed for about a month. The agreement between employer and employee was verbal and had witnesses. This person was told that during the probation period either parties can at any stage advise that things are not working out and give a weeks notice. This has happened and the person is now threatening legal action. Do we have any thing to worry about?

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Our expert says:
Expert ImageLabour lawyer

RE: PROBATION

A probation period must be in writing. Once a person is on probation and they don't seem to be fitting in it is necessary for you to communicate with them and to explain why they are not fitting in and why they are not meeting the expectations. Once this is done then you woud have a probation hearing in order to confirm that the employment relationship cannot continue.

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2
Our users say:
Posted by: Labour Lawyer | 2010/10/19

RE: PROBATION

A probation period must be in writing. Once a person is on probation and they don't seem to be fitting in it is necessary for you to communicate with them and to explain why they are not fitting in and why they are not meeting the expectations. Once this is done then you woud have a probation hearing in order to confirm that the employment relationship cannot continue.

Reply to Labour Lawyer
Posted by: whena | 2010/10/08

Was the " transgression"  discussed with the employee at any time?
Was there a valid sick note?

Reply to whena

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