Regarding Schedule 8 of the Code of Good Practice on dismissals, an employer may only decide to extend an employee’s probationary period after inviting the employee to make representations and considering any representations made.
Should an employer decide to extend the probationary period, the employer should advise the employee of their right to refer the matter to a Bargaining Council or the CCMA.
An employee may refer an unfair labour practice dispute concerning an act or omission relating to probation to a Bargaining Council or the CCMA within 90 days of the act or omission.
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