How do I terminate an employee during probation period Australia?

How to terminate an employee during the probation period

1. Prepare written notice of the during probation period termination.
2. Collect evidence supporting the probationary termination.
3. Schedule a meeting with the employee before the probation period ends.
4. Tell the employee they’re terminated.

Can an employer fire you for being sick during probation period?

If there is a clear pattern of absence, such as a new employee calling in sick a few times on a Friday, then it can be possible to dismiss during the probationary period. Usually employers pay the employee for their notice period if they are dismissed during their probationary period.

Can company terminate employee in probation period?

In the event the employer is not satisfied with the performance of an employee on probation, the employer is free to terminate the services of the employee before the completion of probation period subject to the notice period, if any, prescribed in the employment letter or company’s policy.

Is it okay to take sick leave on probation?

While you’re on a probationary period, you should receive the same entitlements as any other employee who isn’t. This means you can still accrue and access paid leave entitlements like annual leave and sick leave, whether you’re employed on a full-time or part-time basis on probation.

What are my rights during a probationary period?

Employees on a probationary period, whether it’s a 1, 3 or 6 month probation period, still have statutory employment rights, including but not limited to; unlawful discrimination, national minimum wage, the working time directive, statutory sick pay, maternity and paternity leave, and time off for dependents.

What is the probation period in Australia?

How Long Is Probation Period In Australia? The employer generally determines the length of the probation in the employment agreement unless the applicable award or registered agreement provide otherwise, but it is usually three or six months, depending on the nature of the role.

Do I have any rights during my probationary period?

What is the effect if the probationary employee is allowed to work beyond the period of six months?

The Labor Code expressly provides in black and white that the probationary period should not exceed 6 months, which have been interpreted as 180 calendar days. The said law further states that a probationary employee who is allowed to work beyond the probationary period becomes a regular employee.

Can you claim unfair dismissal during probation period?

Dismissal during their probationary period for issues of performance, attendance, or conduct should come without the risk of an unfair dismissal claim against you. To claim for unfair dismissal, a staff member must have worked for you for two years.