Probation period extended

[Chevon]

Good day all

I need urgent advice.

I have been working for a company 3 months and almost 4 weeks.

On the 8 the of January my 3 months probation period was over, on the 11th of January, I got a letter stating that my probation period is extended. Due to the fact, that I was sick once, and my little one was sick one, I spoke to my boss, one day when I had a personal crisis (discussing personal problems with staff and keeping them out of work), leaving early one day and not working the time back (but I work at least 10 -30 minutes extra every day) and not giving enough feedback to the director.

this was all discussed and sorted out.

Then i got this letter stating that they are extending my probation due to this, but i was already repromanded on this.

The extension was till yesterday. When i asked yesterday afternoon, they told me, that the two bosses is not happy, but the HR lady could not tell my why, and it does not look as if i will be appointed permenantly

is this leagle?

[adrianh]

I think that they are taking a fat chance....It is just my opinion though.

[CLIVE-TRIANGLE]

CCMA say this

[Blurock]

Good day all

The extension was till yesterday. When i asked yesterday afternoon, they told me, that the two bosses is not happy, but the HR lady could not tell my why, and it does not look as if i will be appointed permenantly

is this leagle?

It may not be leagle, but it is legal and according to labour law.

You have not met the criteria first time round and management have given you a second chance. How did you use this 2nd chance? Did you prove to them that you have the right attitude for the job and would you be an asset to the company, or do you have issues that will take up unnecessary time of management to sort out?

[adrianh]

but it is legal and according to labour law.

So what stops a company from doing this 4 times in a row and then simply saying that they can't employ you permanently - surely there comes a time when the company HAS to make a decision?

[SSS100]

Remember the company has a right not to extend and simply terminate. But, they did a reasonable thing and thrown a "life-line or second chance"
For now, its appropriate to give the company benefit here and iron out issues before second term ends

Otherwise, I guess you are free to leave and look somewhere else

[adrianh]

It's not that simple, there has to be a point where a line is drawn in law otherwise companies can simply extend the term until they no longer need the person.

[Dave A]

I'd expect the line would be 2 extensions - in line with the two written warnings principle.

One of the thoughts that occured to me was "don't ask, assume." The default position if nothing happens is you become a permanent employee - why ask and get people thinking about it. Let the event gently slide on by.

They can't exactly come a few weeks after the probation period has expired and say "Ahem, actually you're still on probation."
Too late china - go take it up with whomever should have made that decision and notified me on time.

A few days grace could probably be defended, but take too long and... well, who's the person that isn't up to muster here?

[Blurock]

It's not that simple, there has to be a point where a line is drawn in law otherwise companies can simply extend the term until they no longer need the person.

The probation period should be in line with the job function; the more complex the job, the longer the probation period. Usually this should not be longer than 3 months. A cleaner would only require a week or two to be assessed.

If the probation period is extended, it also creates an expectation of permanent employment and the employer should give valid reasons for dismissal. Once an employee is employed for an extended period of time, whether on contract or on probation, it can be construed that the job is more permanent in nature and the employee would have more claim on permanent or long term employment.

[desA]

Dave wrote:
One of the thoughts that occured to me was "don't ask, assume." The default position if nothing happens is you become a permanent employee - why ask and get people thinking about it. Let the event gently slide on by.

They can't exactly come a few weeks after the probation period has expired and say "Ahem, actually you're still on probation."
Too late china - go take it up with whomever should have made that decision and notified me on time.

A few days grace could probably be defended, but take too long and... well, who's the person that isn't up to muster here?

Very valid advice. Sometimes better to play a more strategic game & let things slip through.

[Employer Labour Relations]

Actually, in this case, you were unable to prove yourself in the first run. I agree that you have some personal problems but management don't bother about all these. They just want to look at the performance and may be you are lacking there. Go and ask the HR again about the increase of probation period second time and if required, ask for some more time to prove yourself. Don't worry and handle it with patience. You will surely be able to impress the management. All the best!