Dismissal during Probationary Period of Employment in South Africa: An International Perspective

It is a universally acceptable practice to employ newly hired employees on a probationary period. In general terms the purpose of probation is to give the employer an opportunity to evaluate the employee's performance before confirming the appointment. This in itself seems to be an uncomplicated process; however, the scenario, especially in South Africa, becomes more complicated if an employer wants to terminate an employee's service during the probationary period of employment or terminate the services of an employee at the end of the probationary period. The right to a fair dismissal is well recognised in South African labour law; this right also extends to employees during their probationary period of employment. Convention 158 of the International Labour Organisation (ILO) provides guidelines in respect of the termination of employment, also during the probation period. In this article the ILO's standards with regard to the termination of employment during probation are considered. South Africa was a former colony of the Netherlands and the United Kingdom, in light of this the respective positions on dismissal during the probation period of employment in the Netherlands and the United Kingdom are also analysed. This provided the researcher with an opportunity to determine if South Africa's dismissal regime during the probationary period of employment is in line with some international perspectives and it appears that dismissal during the probationary period of employment in South Africa is out of step with international standards and developments.

Determination of the probationary period in application of article 75 of the CC of Ukraine

The article considers the concept, criminal-legal significance, the order of appointment and calculation of the probation period in the application of criminal law on release of a person from the sentence imposed on him by a conviction in accordance with Art. 75, 78 of the Criminal Code of Ukraine. The views of scholars on determining the beginning of the probationary period, which is appointed by the court in accordance with its discretion, on the basis of Part 3 of Article 75 of the Criminal Code of Ukraine in passing a court conviction and its duration. The issue of the possibility of agreeing on the probation period by the parties to the criminal proceedings when concluding a plea or conciliation agreement is covered separately and the practice of the Criminal Court of Cassation on this issue is presented. The article raises the issue of assigning to a person sentenced to probation a certain range of responsibilities provided for in Art. 76 of the Criminal Code of Ukraine. The case law on determining the duration of the probationary period in the activities of individual courts is studied and opinions on this issue are given. The procedure, grounds and procedure for supervision of persons released from serving a probation sentence on the basis of Art. 75 of the Criminal Code of Ukraine are covered. The powers of the authorized body for probation to prepare a petition to the court to release the convict from the sentence imposed on him in connection with the expiration of the probation period were analyzed. It is proposed to enshrine in law a specific period during which the authorized body would be obliged to submit such a submission to the court. It is proposed to regulate the basic requirements in the legislation when determining the duration of the probationary period.

Obtaining a faculty position at a primarily undergraduate institution (PUI)

Scientists who hope to obtain a faculty position at a primarily undergraduate institution (PUI) need a distinct skill set and outlook on their future teaching and research career. To obtain a position at a PUI, candidates should 1) design a strategy for obtaining a faculty position that suits each individual’s career goals and aspirations, 2) prepare for the application process, on-campus interview, and contract negotiations, and 3) plan a strategy for the probationary period leading up to tenure and promotion. Given the different types of PUIs, candidates need to consider whether they seek a position that consists of all or mostly all teaching, or both teaching and research. Candidates should educate themselves on the expectations at PUI’s, including current thought, practice, and aspirations for science pedagogy, and gain teaching experience prior to seeking a suitable position. If the candidate’s goal is a position with both teaching and research, it is important to discuss with the current research mentor what projects the candidate can take with them to their new position. The candidate should also consider what types of projects will be successful with undergraduate student researchers in a PUI research environment. Importantly, candidates should clearly demonstrate a commitment to diversity and inclusion in their teaching, research, and outreach, and application materials should demonstrate this. On interviews, candidates should be knowledgeable about the mission, values, and resources of the institution and how the candidate will contribute to that mission. Once hired, new faculty should discuss a formal or informal mentoring plan during the probationary period that includes peer evaluations on a regular basis, and maintain communication with the department chair or designated mentor regarding teaching, research, and service activities.

Is your marriage “legitimate?”: a critical discourse analysis of Canada's policy on marriage fraud

As of 2012, Canada has implemented a “conditional probationary period” for sponsored spouses or partners through immigration, influenced by a similar policy in the United Kingdom, geared to prevent fraudulent marriage. I will present a critical discourse analysis of the current policies in both the UK and Canada by reviewing the policies, parliamentary debates, media representations, and official statistics. A major finding is that defining a “genuine” or “legitimate” relationship requires such extensive knowledge of all cultures and traditions by immigration officials, that it can become problematic. I use the theoretical frameworks of biopower by Foucault (1978) and orientalism and othering by Said (1978), to explain government control on immigration as well as the control of relationships between spouses and partners, aimed at creating a specific desired population for Canada and the UK.

Is your marriage “legitimate?”: a critical discourse analysis of Canada's policy on marriage fraud

As of 2012, Canada has implemented a “conditional probationary period” for sponsored spouses or partners through immigration, influenced by a similar policy in the United Kingdom, geared to prevent fraudulent marriage. I will present a critical discourse analysis of the current policies in both the UK and Canada by reviewing the policies, parliamentary debates, media representations, and official statistics. A major finding is that defining a “genuine” or “legitimate” relationship requires such extensive knowledge of all cultures and traditions by immigration officials, that it can become problematic. I use the theoretical frameworks of biopower by Foucault (1978) and orientalism and othering by Said (1978), to explain government control on immigration as well as the control of relationships between spouses and partners, aimed at creating a specific desired population for Canada and the UK.

Obtaining a Faculty Position at a Primarily Undergraduate Institution (PUI)

Scientists who hope to obtain a faculty position at a primarily undergraduate institution (PUI) need a distinct skill set and outlook on their future teaching and research career. To obtain a position at a PUI, candidates should 1) design a strategy for obtaining a faculty position that suits each individual’s career goals and aspirations, 2) prepare for the application process, on-campus interview, and contract negotiations, and 3) plan a strategy for the probationary period leading up to tenure and promotion. Given the different types of PUIs, candidates need to consider whether they seek a position that consists of all or mostly all teaching, or both teaching and research. Candidates should educate themselves on the expectations at PUI’s, including current thought, practice, and aspirations for science pedagogy, and gain teaching experience prior to seeking a suitable position. If the candidate’s goal is a position with both teaching and research, it is important to discuss with the current research mentor what projects the candidate can take with them to their new position. The candidate should also consider what types of projects will be successful with undergraduate student researchers in a PUI research environment Importantly, candidates should clearly demonstrate a commitment to diversity and inclusion in their teaching, research, and outreach, and application materials should demonstrate this. On interviews, candidates should be knowledgeable about the mission, values, and resources of the institution and how the candidate will contribute to that mission. Once hired, new faculty should discuss a formal or informal mentoring plan during the probationary period that includes peer evaluations on a regular basis, and maintain communication with the department chair or designated mentor regarding teaching, research, and service activities.

Unfair Termination Review During Probationary Period

Probation is a trial period to test a new employee for a particular position. It is commonplace for many employers to stipulate that the contract begins with probation based on a mutual agreement with the employee. During the probationary period, more flexible standards are given to review unfair termination. Notwithstanding, a degree of protection insofar as it safeguards employees from the risk of unfair termination shall be granted. Article 37 in the Iraqi Labour Code No. 37 of 2015 permits the employer to test the employee for a maximum of three months if the latter has no professional certificate. The same article empowers the employer to terminate the contract if the employee has failed in the suitability test without setting any standards for such a test. In reviewing cases arising on the basis of unfair termination claims, the judiciary in some developed countries has come up with basic standards of the suitability test. This paper, therefore, attempts to examine Article 37 in the Iraqi Labour Code in light of the new judiciary trends and finally suggests redrafting the mentioned article to be more compatible with the rights of contractual parties.

OPEN SELECTION OF STATE CIVIL APPARATUS IN THE MINISTRY OF ADMINISTRATIVE AND BUREAUCRATIC REFORM

This research aims, firstly, to analyze the open selection of the State Civil Apparatus (ASN) in the Ministry of Administrative And Bureaucratic Reform. Secondly, it purposes to formulate an open selection model of the State Civil Apparatus (ASN) in the Ministry of Administrative And Bureaucratic Reform. This research used a descriptive research method with a qualitative approach. The analytical tool in this study uses the concept of the selection process from Dresang (2002:192-194), which are: (1) Complete Human Resource Planning and Position Analysis, (2) Identify Necessary Knowledge, Skill, and Abilities, (3) Develop Indicators of Required Knowledge, Skill, and Abilities, (4) Design a Recruitment Plan, (5) Screen Applicants for Minimum Qualification, (6) Construction and Administrative Examination (s), (7) Apply Laws and Rules for Certification and Veterans' Preference Points, (8) Make a Selection, (9) Evaluate Performance During Probationary Period. In order to find a new model or concept of open selection of the State Civil Apparatus (ASN) in the Ministry of Administrative And Bureaucratic Reform, researcher used the Soft System Methodology (SSM) which is a system based approach through the learning process.The results showed that the open selection of the State Civil Apparatus (ASN) in the Ministry of Administrative And Bureaucratic Reform was good enough, but not yet optimal in the process:(1) Complete Human Resource Planning and Position Analysis,(2) Identify Necessary Knowledge, Skill, and Abilities,(3)Develop Indicators of Required Knowledge, Skill, and Abilities,(4) Construct and Administer Examination(s), (5) Apply Laws and Rules for Certification and Veteran’s Preference Points,(6) Make a Selection,(7) Evaluate Performance During Probationary Period. The Ministry of Administrative and Bureaucratic Reform is currently gradually implementing the selection process optimally. Selection process presented by Dresang to be applied to an open selection process in the Ministry of Administrative and Bureaucratic Reform not yet applicable because the principle of "Public Service Neutrality" has not been implemented in Indonesia. Therefore it is necessary to develop in the form of a strict separation between the selection process of the selection process is technically and politically, this strict separation is a new driving factor in providing solutions to create an open selection process in the Ministry of Administrative and Bureaucratic Reform to be optimal.