DLP Insights

DO YOU KNOW THAT…failure to specify the tasks invalidates the probation period?

28 Oct 2016

The probation period associated with an employment agreement must not only be laid out in written form but must also contain specific instructions on the tasks that will be assigned to the employee during the probation period (specificity requirement), or it would be null and void. This is because the right of the employer to enforce the unquestionable assessment on the outcome of the probation applies to specifically identified and instructed tasks. The consequence if the probation period is found to be invalid is the subjection of any employer termination to the rules for unlawful dismissals.

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