Contract Law

Probationary Contracts In Employment

 The probation of an employee is generally governed by a probationary contract. Section 2 of the Employment Act defines a probationary contract as “a contract of employment, which is of not more than twelve months duration or part thereof, is in writing and expressly states that it is for a probationary period;”  Probation allows the […]
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Termination Of An Employee On The Ground Of Poor Performance

When it comes to saying goodbye to employees, it’s no secret that poor performance often leads to termination. Although poor performance is a distinct ground for termination of employment, the Employment Act is unclear as to what constitutes poor performance.  Recently, the Employment and Labor Relations Court delivered a groundbreaking judgement in the case of […]
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