At the beginning of an employment contract, the employer can set a probationary period in order to evaluate the worker’s performance before confirming the appointment.

Laws do not specify maximum probationary period. Code of Good Practices (Schedule 8 of Labour Relations Act) only stipulates that probationary period should be of reasonable duration, negotiated and stipulated in the employment contract.

If the employer determines that the worker’s performance is below standard or the worker is incompetent, the employer should give a reasonable evaluation, instruction, training, guidance or counseling to allow the worker to render a satisfactory service. The employer may either extend the probationary period or dismiss the worker. The procedure of dismissal includes an investigation to establish the reasons for the unsatisfactory performance and the employer should consider other ways, short of dismissal, to remedy the matter.

Source: §8 of the Schedule 8 (Code of Good Practices) of the Labour Relations Act No. 66 of 1995 (last amended in 2014)