Description
Termination of a probationary employee – probational period – unfair labour practice relating to probation – substantive and procedural fairness – purpose of probation – negative employment reference check.
- An employee who is under probational period when terminated cannot sue or file a dispute for unfair termination.
- Termination of a probationary employee without following the legal requirements amounts to an unfair labour practice.
- A probational emp|oyee whose employment has been terminated can sue or file a dispute for an unfair labour practice relating (or concerning) to probation.
- Entitlements of a probational employee.
- Before terminating or resorting to termination of the probationer or extending the probationary period, the employer must invite the probationer to make representations and consider them. Such representation may also be made on behalf of the probationer by a trade union representative or co-employee.
- Substantive and procedural fairness in the termination of a probationary employee.
- Tanzanian labour laws are more or less in pari materia with the labour laws of South Africa.
- Definition of unfair labour practice.
- The purpose of probation is to put the employer in a position to take an informed decision about the capacity and suitability of an employee to do a certain job.
- Termination of a probational employee on the basis of information that the employee was terminated by the previous employer for gross misconduct.
- Probational employee who was terminated as a result of unfair labour practice was awarded compensation of twelve months salaries.
