Probation period

The probation period is like an assessment phase for new employees, allowing employers to evaluate their performance, skills and suitability for the position. During this time, both the employer and the employee can decide if the job is a good fit. While the length of probation can vary, it commonly lasts from three to six months. This period is important for both parties to assess the working relationship.

Probation and unfair dismissal

There is no probation period in the Fair Work Act. What matters for unfair dismissal is the minimum employment period: 6 months, or 12 months with a small business employer. A longer probation period does not stop an employee making a claim once they pass the minimum employment period, and employees on probation still get the National Employment Standards, including notice of termination. For example, an employee dismissed in month 7 of a 12-month probation at a business with 20 staff can make an unfair dismissal claim.

See our new employee onboarding checklist, or call our HR advice line before ending employment.