hi ,
Probation period is in vogue to enable an Employer to see whether the new recruit is suitable for the post.
If he is not found suitable his services can be terminated.
However as per principles of natural justice, a probationer has to be given a chance to improve his performance.
He should be given different job assignments so that his employability can be properly assessed.
He should be placed under a different supervisor or section in charge, so that a bias by the supervisor can be ruled out or the recruit may in fact perform better under someone else.
It is better to give advisory memos to the probationer informing him about his short comings and advising him to improve his performance or behaviour.
It would be better to extend his probation and give him a chance to improve the performance.
If such a chance is given ,and the above actions are done the employer cannot be accused of any illegal action when he terminates the services of the probationer.
Courts generally see if a fair chance has been given to a probationer and whether the principles of natural justice have been followed.
Any further info if required , pl contact me.
Devdas Uchil. AGM HR. Mazagon Dock Ltd