Probation– Questions, Tips, and Initial Advice

Summary

Probation allows employers and employees to assess suitability during the initial months of employment while employees retain workplace rights. Concerns raised during probation should be documented and addressed fairly.

Questions

• Probation length per contract/policy; start date and proposed end date.
• Any concerns raised during probation; documented meetings/feedback?
• Support or training offered; performance expectations clear?

Preliminary Advice

• Request written feedback and a clear plan if concerns are raised during this period.
  
• Check policy/contract for extension rules and required notices.
  
• In the Federal System, the minimum employment (probation) period is always 6 months or 12 months for small businesses regardless of what the contract says. You are only protected from unfair dismissal once you have exceeded the minimum employment period.

Things to Remember

• Probation does not remove workplace rights or procedural fairness, but it is a dangerous time of employment as there is no protection from unfair dismissal during this period.
• Whilst there is no protection from unfair dismissal during probation, employees are still protected by the General Protections/Victimisation provisions. This means employers still can't take any action against an employee for a protected reason, and this includes terminating them.

Escalation/Referral

• Industrial Officer: Where a member has been terminated whilst in their probation period, regardless of the reason given.