Generally, when a new employee commences work for you they will be subject to a probationary period. This period gives the employer and the employee the opportunity to check that employees are suitable for the role they’ve been hired to do. Some employers will implement a probation plan with their new employee.
The probationary period is decided by the employer and usually between 3-6 months, commencing from the first day of employment. The time period set for probation should be included in the employment contract and/or the employee’s letter of offer.Â
During the probation period, of up to 6 months, an employee cannot claim unfair dismissal if they were terminated during this time. However, there is a possibility that a legal claim can be made for discrimination, adverse action or other employment related matters arising during their probationary employment.Â
The probation period is not able to be extended beyond 6 months. Legally, once the 6 months has passed, even if there are performance concerns, the employee will become entitled to claim unfair dismissal. It is important to manage any conduct, performance or behavioural issues with an employee during the 6-month probationary period.Â
Probationary employees receive the same entitlements as all other employees who aren’t on probation, including annual leave and sick leave entitlements.
While an employee is on probation it is recommended to provide regular feedback on their progress and address any issues as they arise to determine suitability for the role.
If an employee does not pass their probation and is terminated they should receive a termination letter in writing. They are also entitled to receive notice when their employment ends and to have their unused annual leave hours paid out.
For assistance, contact CCF NSW on 9009 4000 or ccfnsw@ccfnsw.com