Probation periods are a common feature of many employment contracts. They can be useful in providing for an evaluation period for both employees and employers. However, while there is a minimum “qualifying period” for unfair dismissal claims, being on probation does not remove an employee’s other statutory protections. There still can be some risks and pitfalls.
This session, presented by Daniel Murray and Arnav Gandhi (Graduate Lawyer/Adviser), will provide practical guidance on setting up and managing probation, and on minimising risk when deciding whether to confirm, extend or end employment.
The session will deal with common situations employers may find themselves in. For example:
- Reviewing an employee’s performance during probation;
- Ending employment shortly after an employee has raised a concern or complaint;
- Managing an employee who is absent during probation, such as due to illness, injury or caring responsibilities;
- Extending or varying a probation; and
- Applying a new probation period after a change in role or a transfer of business.
This webinar will:
- Explain the purpose of probation and the entitlements that apply during it.
- Outline the minimum employment period under the Fair Work Act and how it differs from a contractual probation period.
- Cover what a probation clause should include, and the use of fixed-term contracts as an alternative.
- Work through case studies on general protections and other claims, and the key lessons for employers.
- Provide practical steps for managing probation and documenting decisions to terminate employment during probation.
