How does the Fair Work Act provide for probationary
periods?
The reason for a probation period is to be in a position to
dismiss without potential recourse under the Fair Work Act
('The Act'), if an employee does not work
out to be suitable. Previously the unfair dismissal provisions of
employment legislation provided for probationary periods for new
employees of up to six months.
Under the Act, there is no longer a reference to a 'period
of probation' with respect to unfair dismissal laws. This has
been replaced by the requirement of an employee to serve a
'minimum period of employment' before there is any recourse
for unfair dismissal under the Act. These periods are:
- Six months where the employer employs 15 full-time equivalent
('FTE') employees or more
