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Question
Posted by: Jenni | 2010/10/08

Probation - 85

Yes there is a valid sick note and no it was not discussed with him. A letter was given to him at home as he was still off sick. The company is seasonal and requires staff at this present time. This person was advised of this.
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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 - 85

You still need to have a probationary hearing if someone is on probation.

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Our users say:
Posted by: Labour Lawyer | 2010/10/18

re: Probation - 85

You still need to have a probationary hearing if someone is on probation.

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

Be careful! He can take you to CCMA and it could cost you.It is true that a person can be dismiised for lesser reasons if hey are on probation you still need to be careful.I would suggest that he be called in and explained exactly wher he is falling short and given a chance to state the reasons for this. He must then be given all assistance to become succesful and should he not be he can be told at the end of the probation period or even before this sorry not working -goodbye

Reply to Whena

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