The probationary period provides a suitable amount of time to an employer to be able to assess an employee before confirming continued employment. Probationary periods generally last between three to six months. An employee’s contract will usually provide that, during the probationary period, employment can be terminated on shorter notice than the notice to which they will be entitled upon completion of the probationary period. The most common notice period during probationary periods is one week.

It should be stated in the employer's disciplinary policy and/or probation clause in the employee’s contract whether the employer’s disciplinary procedure applies during probation. In instances where the contractual documentation or policies are silent in this regard, the employer should still apply the statutory dismissal and disciplinary procedure (“SDDP”) if terminating employment during the probationary period.  For ease, the SDDP is:

1. Statement in writing of allegations against employee;
2. Meeting to discuss and decision; and
3. Offer the right to appeal.

Following the SDDP will help safeguard the employer against potential claims for automatic unfair dismissal for failure to follow procedure. (This is particularly important as employees claiming automatic unfair dismissal do not need to have a qualifying period of service).