Summary note

• Notice period
• Reasons for termination
• Employee Rights on Termination.

Overview

Probationary period is a trial period at the beginning of an employee’s contract during which either party can assess the suitability of the employment relationship. During the probationary period, either the employer or the employee may terminate the employment contract.

In Zanzibar, the termination of employment during the probationary period is governed by the Employment Act, No. 11 of 2005.

Section 60 (2) of the Employment Act, No. 11 of 2005 recognizes 3 months probation period for a specific term contract of employment.

Key points to consider for termination during probation are:

Notice period

 Section 60 (4) Employment Act, No. 11 of 2005. requires 14 days notice of termination during the probationary period or payment in lieu of notice.

Reasons for Termination

The termination during the probation period may be due to performance, misconduct, or redundancy. However, an employer should still act in good faith and ensure that the reason is not unfair or discriminatory (e.g., based on gender, race, religion, etc.).

If the employee is dismissed during probation for unsatisfactory performance, it is important to note that while detailed reasons are not strictly necessary, it is still advisable to provide a rationale to avoid any claims of unfair dismissal or discrimination.

An employee shall not be terminated during probation due to pregnancy, breast feeding and absence from work due to sickness.

Employee Rights on Termination

• The employee is entitled to payment of any accrued wages up to the date of termination.
• The employee is also entitled to any accrued leave days or other benefits they may have earned during the probation period.
• Severance pay is generally not required during probation unless otherwise stipulated in the employment contract.

Conclusion

While the probation period offers some flexibility for both parties it is important to follow procedures laid by law to avoid unfair termination claims. An employee who believes they were unfairly terminated during probation can seek redress by filing complaint at the Dispute Handling Unit.

Disclaimer: This article is authored by Jill Kato, an Associate from Rive & Co, a new and innovating law firm as a result of the partnership between ABC Attorneys, Stallion Attorneys and Sepia Attorneys, built on the foundation of trust, credibility, and novelty, offering expert legal solutions.  This Article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.