How can a probation employee be dismissed?

How can a probation employee be dismissed?

Consider the following procedure for dismissing an employee during their probation period:

  1. In writing, invite the employee to a probationary review meeting where you’ll discuss issues relating to their performance.
  2. In the letter, inform them you’re considering terminating their contract.

Can you claim unfair dismissal during probation period?

Employees who are still in their probationary period are typically not able to claim unfair dismissal. This is because only workers who have been employed continuously at a company for two years can claim unfair dismissal, provided there has been no discrimination involved in the dismissal process.

Can you dismiss an employee during their probationary period?

There’re many reasons why you could consider dismissing an employee before completion of their period of probation. The most common reason for dismissal during the probationary period is if the staff member doesn’t have the skills required for the role.

What happens when the probation period has expired?

If it doesn’t, the employee will be deemed to have passed their probation once the probationary period has expired, and the employer cannot then compel the employee to agree to an extension.

How long is a probationary period of employment?

How long is a probationary period? The proper legal name for a probationary period is ‘minimum period of employment’. Under the Fair Work Act 2009 (Cth) (FWA), the ‘minimum period of employment’ is six months of continuous service. This means the usual maximum probationary period you can have for an employee is six months.

How long can you appeal a dismissal during probationary period?

As a sign of good faith, you can give up to five working days to lodge an appeal. If you’re facing challenges with an employee who is in their probationary period, or any other sickness, disciplinary, grievance or employment law issue, please contact us on 0808 145 3380.

Can I be dismissed for being charged?

The key message for employers is that they cannot automatically dismiss an employee simply because the employee has been charged with a criminal offence. A thorough investigation must be carried out and consideration must also be given to any alternatives, such as suspension on full pay.

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