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Faq

Frequently Ask Questions (FAQ)

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  • How can I determine if the additional 3-month extension I received, on my probationary period was correctly and fairly done?
    Probation must be managed in keeping with the principles and practices of good Industrial Relations. Therefore, you can use the following as a guide when determining if correct procedures were used in the execution of a probationary period: You must be informed at the start of your employment that: (a) you are on probation, (b) the length of probationary time and     (c) the possibilities of extension, also, (d) the expected standards you are to meet. You should be provided with a job description and standard of performance. Fair and documented appraisals should be conducted during the period of probation. Any shortcomings should be communicated to you, and you should be allowed sufficient opportunity to improve within the probationary time. There should be open lines of communication where you are allowed to give your feedback. You should be warned, if there are to be any disciplinary action and/or extension of the probationary period, due to the fact that your improvement has been considered unsatisfactory. Ideally, a letter of confirmation of employment, or a letter of extension of your probationary period, should be given at least 2 weeks before the end of probation.
  • I was convicted and served time in prison for fraud in another country. Do I have a duty to give this information to my prospective employer?
    I have an upcoming interview with a very reputable Company. However when I was 19 years old, which was 25 years ago, I was convicted and served time in prison for fraud in another country. Do I have a duty to give this information to my prospective employer? How would disclosure, impact on their perspective/opinion of me, though I had no incident of recurring action? The Legal/ IR Principle – No General Duty of Disclosure The operative legal and IR Principle, as affirmed by Civil Courts and Tribunals in common law jurisdictions, and recognised by our own Industrial Court is as follows: Contracts of employment are not “Uberrimae Fidei” (requiring utmost good faith).  There is therefore no obligation for a prospective employee to disclose information to his/her disadvantage at any pre-employment stage, unless specifically asked. Leading Authorities in the Commonwealth jurisdiction are the two New Zealand cases of Fletcher v Krill 1837 and Healey v Société Anonyme Francaise Rubastic1917. In both cases the Court held that a prospective employee was under no duty to divulge criminal matters in his/her past life, including criminal convictions. On the other hand although the applicant is not obliged to volunteer negative information about his/her ...

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