It is now no longer lawful for an employer to terminate the employment of an employee on probation at will. This follows the finding by the Employment and Labour Relations Court, that section 42 (1) of the Employment Act which excluded the application of the procedural safeguards prescribed for other employment contracts is unconstitutional, null and void.

An employer must now observe the substantive and procedural fairness requirements set by law when terminating a probationary contract.

Attached is a copy of the judgement.