Q. How Much Notice do I have to Provide to Terminate Employment During Probation?

A.  It is important to note that there is no reference to 'probation periods' in awards or legislation.

You can have a probationary period as part of an internal arrangement and it can be extended although all entitlements are as per the Modern Award and NES and begin accruing from the employees start date.

The legislation and awards are concerned purely with how someone is 'terminated'.  Our advice from Fair Work Australia is that your main concern is whether you have taken steps to avoid 'an Unfair Dismissal' claim regardless of any arrangement in relation to  'probationary periods'.   An unfair dismissal claim can be accessed by individuals who:

  • If working in an organisation with less than 15 employees,  after 12 months.
  • If working in an organisation with more than 15 employees, after 6 months.

We recommend therefore that you apply the termination notice periods as dictated by the National Employment Standard -see below.
As always we recommend that you remain aware of all General Protections (workplace rights and adverse action). GeneralProtectionsGuide

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