Rights when on probation

Our employers seem to think that they can terminate the employment of a probationer without resort to normal grievance and disciplinary procedures. Can they do this?

Obviously, unless the probationary period is very long, most employees on probation would not have unfair dismissal rights because they will have been employed for less than a year. This does leave employers free to dismiss, even for unfair reasons. However, they would still be obliged to dismiss according to the contract terms for example, by giving notice. By next year employers will have to have a grievance and disciplinary procedure and would need to apply this in all cases leading to dismissal. The problem with dismissals during probationary periods is that they are often capability dismissals, which in law is a fair ground for dismissal.

* More information: LRD booklet, The Law at work 2003