Probation & Poor Work Performance | Schedule 8 Section 8 & 9 of the Labour Relations Act

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Everything Employers & Employees and Employment Practitioners need to know about Probation and Poor Work Performance in the workplace.
I discuss the fairness requirements as detailed in Section 8 & 9 of Schedule 8 of the Labour Relations Act, as well as my recommendations for how to implement this in practice. I also answer commonly asked questions such as "How long should probation be?", "Can fixed term contracts be used for probation?", "Can probation be extended?" and "Can employees be dismissed before or after probation has ended?".

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Earnings Threshold: https://fourieemploymentrelations.com/2021/10/14/new-earnings-threshold-2021/
Contracts of Employment Video: https://www.youtube.com/watch?v=Hc1WJL30o0M&t=920s

Probationary period clause: https://fourieemploymentrelations.com/downloads/probationary-period-contract-clause/

Performance discussion guide: https://fourieemploymentrelations.com/downloads/performance-discussion-guide-checklist/

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Credentials:
Employment Relations practitioner for over 5 years, assisted over 450 clients in various industries across South Africa, over 2000 disciplinary hearings chaired, numerous CCMA cases, retrenchments, restructuring, contracts of employment, incapacity investigations, grievances facilitated, and negotiations.
I am also the Director of Fourie Employment Relations (Pty) Ltd and, lectured and mentored the subject of labour relations at the University of Stellenbosch.
MCom Cum Laude (Industrial Psychology)
Thesis: The behaviours that make small business owners successful and what success means to them (the development of a small business owner competency model)
BCom Hons Cum Laude (Industrial Psychology)
BCom Management Science (Entrepreneurship & Industrial Psychology)
Numerous courses completed on Nonviolent Communication

Disclaimer: This video is for educational purposes only.

Timecodes:
0:00 – Introduction
0:57 – What is probation & what the purpose of probation
3:53 – Fixed term contracts & probation
9:05 – Length of probationary period
11:23 – Employee responsibilities in probation
12:38 – Employer responsibilities
14:19 – Practical tips for probation
17:03 – Further fairness requirements
22:00 – Dismissal after probation for poor work performance
23:49 – Final poor work performance dismissal guidelines
25: 58 – Concluding remarks
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Job
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