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Probation: what it entails

Johannesburg - Good leadership can avoid labour problems, according to Leigh Livanos, head of startup business at Standard Bank [JSE:SBK].

A key factor in leading an effective and efficient team is creating a clear vision of the goals of your business, which must set the framework within which employees operate.

Failing to do so can result in misunderstandings and unhappy staff, and could ultimately lead to labour issues.

“Together with the fixed rules outlined in an employee’s job description, this sets the standard for staff to take accountability for their performance and provides a basis for ethical behaviour,” says Livanos.

“The primary lesson to be learned is that unpleasant labour situations can be avoided or quickly resolved if employees are happy and feel part of a team working towards a defined, understood objective," says Livanos.

The best way to see whether someone will be able to live and execute the vision of the business and meet your job requirements is to hire them on a probationary basis.

If after this period it is obvious that the employee is not the right fit for the position, their services can be terminated.

During the probation period it is advisable to document what the employee has failed to do, what you have done to help and why the decision to dismiss has been taken, says Livanos.

A worker on probation should have access to:

 - Detailed job requirements and a letter of appointment that clearly sets out the consequences of inadequate performance;

 - Evaluation, instruction, training, guidance or counselling during the probationary period. These sessions should be recorded and become part of the employee’s file;

 - The reasons why someone is being terminated during the probationary period, if applicable.

If permanent staff fail to meet requirements, disciplinary action may the only way forward.

As this can result in dismissal, it is vital that the correct procedures are followed. These include:

 - Advising the employee that their performance is lacking;

 - Putting in place and documenting a performance improvement process that outlines clear targets, feedback and the development required.

If there is no improvement, it could be necessary to move on to a disciplinary process.

At this stage, up to three verbal warnings can be issued to the employee, who should be given opportunities to improve at each stage. You must keep a record of these.

If circumstances still do not change, a written warning can be issued and the formal disciplinary process begins. This involves:

 -  Giving the employee sufficient time to prepare for a hearing;

 -  Allowing them to nominate a fellow staff member to represent them in a hearing;

 -  Allowing both sides to call and cross-examine witnesses and present documentary evidence;

 - Having an impartial chairperson appointed to conduct the hearing.

 - Understanding that, if a dismissal occurs, the matter can be referred to a bargaining council or the CCMA within 30 days of the dismissal taking place.

Employees' rights

If an employee is dissatisfied with a work-related matter, they have the right to lodge a grievance with their immediate manager.

If the grievance is not attended to, it can be escalated through the company to the CEO.

Failure to deal with the matter effectively can then result in it being referred to a bargaining council or the CCMA for resolution.

Typically, grievances are lodged for allegations that include:

 - Unfair remuneration practices;

 -  Sexual harassment;

 - Victimisation;

 - Poor employment conditions; and

 - Failure by the employer to abide by labour laws.

- Fin24

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