Question:

After being with the Metal and Engineering Industries Bargaining Council for three years I signed an offer for growth purposes with a Consultancy Firm in February this year (2009). I was hired as an executive assistant to one of the Directors there on a 6 month probation period. The person I worked for has had a sad history with assistants that worked for him, he has built up a reputation for being very unreasonable and difficult. When I first started there I experienced this abuse first hand which i brought to the attention of HR. They in turn said to me that they know and understand that he is very difficult and that i should stick it out for a few months more and if I still feel like this then they will move me to another person. (the Company often does this). Nevertheless, I shifted my mindset and continued to work for him.

Nevertheless, I have been warned that he is very unpredictable and is quite notorius for giving bad feedback so that I should always keep proof/records of work that I have done. On the 28th of July I was called in to a feedback session (two weeks away from the end of my probation) and was given a form that had 5 false allegations made by my boss against me for work that he asked me to do and i didnt do and the letter had over ten errors and contradictions to it. I gathered all the relevant documentation and presented it to the Committee. The outcome of the Committee’s decision was that they have acknowledged that he was lying and that they will remove all allegations made against me and that they will move me to sombody else with immediate effect however they will extend my probation period until the end of the year. (this will be 11 months probation).

I questioned this but they tried to sugar coat it by saying that it will not effect my remuneration etc and that it is just a formality. Please note that I have also never been called into any performance related discussions or had any verbal or written warnings issued against me during this six month period. Nevertheless I told them that I refuse to believe that this is fair etc and that need to put the extension of probation in writing so that I can get advise from the CCMA. My probation has now ended today and I have still not received the letter. Please advise on what my status is here and can they still give the letter to me after my probation has ended. Also, am I now legally a permanet employee?

Answer:

A formal probation period as in the “old” days no longer exists. As soon as you complete more than 24 hours service in the position you are automatically afforded all the rights of a permanent employee regardless of contract. Equally the day you continued working after the end of your contractual probation also sees you realizing permanent employment automatically. So yes, your ‘re now permanent!

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