IN BRIEF
Probation periods are important to employers. The probation
period allows employers to gauge an employee's competence and
character, before it gets tricky terminating them. There is,
however, confusion around this status. As an employment lawyer, I
am often asked whether an employer is able to extend the probation
period of an employee who is not performing well – but
perhaps not so abysmally as to warrant being terminated.
LENGTH OF PROBATION
The first point that needs to be made is that probation periods
are often mistaken as being for a three month period. This is no
longer the case. The Fair Work Act says that for
organisations with:
- less than fifteen staff (across a group) the
probation period under the legislation is twelve months. So, at
any time during that first year, you can terminate
that employee without reason being given and without a process of
warnings. There are a number of good reasons why you may
choose to both give a reason and
