Andrew Tobin - Partner
The Australian Industrial Relations Commission has recently
considered the question of when a probationary period ends. The
decision provides guidance on how to properly calculate the
period in which an employee is excluded from making an unfair
dismissal claim.
Visy Pulp and Paper Pty Ltd (Visy) terminated its
"People Relations Advisor" on 2 January 2008. The
employee had started working for Visy on 2 July 2007, having
signed an employment contract which provided for a 6 month
probationary period.
The employee was requested to attend a meeting to discuss
her employment on either 31 December 2007 or 2 January 2008.
The employee told management that she would be on leave after
Christmas (27, 28 and 31 December) but would return to work on
2 January 2008 and could meet on that date. The meeting was
held on 2 January, during which Visy terminated the
employee's employment.
