4. Probationary Period
The Company requires all newly-hired employees to serve a period of probation before the appointment is confirmed. The purpose of probation is to give the Company an opportunity to evaluate the employee’s performance before confirming the appointment.
(a) The period of probation will be determined in advance of the start date and be for a period of at least four weeks. The length of this probationary period is determined with reference to the nature of the job and the time it takes to determine the employee’s suitability for continued employment.
(b) During the probationary period, the employee’s performance will be assessed. the Company will give an employee reasonable evaluation, instruction, training, guidance or counseling in order to allow the employee to render a satisfactory service and pass the probationary period.
(c) If the Company determines that the employee’s performance is below standard, the Company will advise the employee of any aspects in which the Company considers the employee to be failing to meet the required performance standards. If the Company believes that the employee is incapable of reaching the desired work requirements, the Company will:
i. advise the employee of the respects in which their performance is below standard
ii. decide whether to either extend the probationary period or dismiss the employee
iii. where the Company decides to dismiss the employee, the determination of the performance standards as well as the measurement of the employee’s performance is at the sole discretion of the Company and will apply to all new employees of the same grade/job description
iv. the Company will then communicate this to the employee and invite them to make representations and it will duly consider any representations made. The company will also advise the employee of his or her rights to refer the matter to a council having jurisdiction
v. where the Company decides to extend the period of probation, it will only be extended for a reason that relates to the purpose of probation. The period of extension will also not be disproportionate to the legitimate purpose that the Company seeks to achieve
After probation, an employee will not be dismissed for unsatisfactory performance unless the Company has—
(a) given the employee appropriate evaluation, instruction, training, guidance or counseling; and
(b) after a reasonable period of time for improvement, the employee continues to perform unsatisfactorily.
The procedure leading to dismissal should include an investigation to establish the reasons for the unsatisfactory performance and the Company will consider other ways, short of dismissal, to remedy the matter. Throughout this process the employee will have the right to be heard and to be assisted by a fellow employee if required.