26/02/2026
Probation does not remove the requirement for fair process.
Even during a probationary period, employees are protected under the Labour Relations Act. Employers are still required to follow fair procedures before ending employment, including providing regular feedback, giving the employee a reasonable opportunity to improve, and allowing them to respond to any concerns before a final decision is made.
The updated Code of Good Practice on Dismissal, which came into effect in September 2025, clarified that probation now assesses both performance and suitability, which includes conduct, attitude, and how well an employee integrates into the team. However, the fairness requirements remain unchanged.
If you are dismissed during probation without being given feedback, support, or a chance to respond, that dismissal may be challenged as unfair. The CCMA hears cases like this regularly, and employees do not need legal representation to refer a dispute.
For employees: if you are on probation and concerns are being raised, ask for clarity on what is expected and what support is available. Document the feedback you receive. Fair process protects everyone.
For employers: treating probation as a genuine assessment period, with documented feedback and support, is not just good practice, it is a legal requirement.
This is general information only and not legal advice. For guidance specific to your situation, we recommend consulting a qualified labour law practitioner.