ARTICLE · 23 NOVEMBER 2022

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Can I be sacked on probation?

Stacks Law Firm

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What are your legal rights if you are sacked on probation?

AustraliaEmployment and HR

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"Can I be legally sacked on probation? I thought I'd have to be caught stealing from the office, dodging work or really stuffing up an assignment, but no, I was fired for no reason at all. Is that legal?"

Is it legal to be sacked on probation?

The short answer is yes - you can be sacked on probation. Under the law, every new employee is "on probation" for a period of time. The term "probation" does not exist in the Fair Work Act. However, there is a "statutory minimum employment period" based on the size of the employer's workforce.

Many employers use these terms interchangeably. These periods are used to give both parties the opportunity to check the compatibility of the applicant and the role. Generally, an employee is prevented from applying for unfair dismissal during the statutory minimum employment period.

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