ARTICLE · 05 DECEMBER 2006

Workplace Relations And Employment Law

Nicol Robinson Halletts

Explore more from Nicol Robinson Halletts

There has been a lot of media coverage about the Howard Government’s changes to unfair dismissal laws. Unfair dismissal remedies are no longer available to employees terminated by a "constitutional corporation" with less than 100 employees. And even if an employee is terminated by a constitutional corporation with more than 100 employees, they are precluded from making an unfair dismissal claim in the first six months of employment, which is known as the qualifying period.

AustraliaEmployment and HR

By Heinz Lepahe and Claire Cooper

All the latest on unfair dismissals

There has been a lot of media coverage about the Howard Government’s changes to unfair dismissal laws. Unfair dismissal remedies are no longer available to employees terminated by a "constitutional corporation" with less than 100 employees. And even if an employee is terminated by a constitutional corporation with more than 100 employees, they are precluded from making an unfair dismissal claim in the first six months of employment, which is known as the qualifying period.

But does Work Choices mean the end of the probationary period?

If employers with less than 100 employees are able to terminate employees unfairly at any time and larger employers are able to in the qualifying period, is there any need to specifically provide for a probationary period of up to three months in workplace agreements? The answer may be yes for your business!

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