View Full Version : Probationary period and resignation

08-03-2012, 12:45 PM
I have had conflicting information with regards to the probationary period and resignation/termination

Our employment offer and contract states that there is a 3 month probationary period with a 1 day termination/resignation from either side.

I recently attended two seminars covering payroll, taxation etc and received conflicting information. First advised while in the probationary period no notice from either side required and this was supported by several attendees. Second stated that even if they are employed 1 day you have to give one weeks notice/pay in lieu. I'm aware that Nes states 1 week within 1 year.

Would like to know if anyone has a view or an opinion on this information?

Greg Schmidt
15-03-2012, 01:37 AM
The Workplace Relations Act, up until June 2009, used to allow for termination of probationary employees without notice. The Fair Work Act, in contrast, does not distinguish between employees on probation and those not on probation - so the usual amount of notice will be required or else payment in lieu.

Section 123 of the FW Act sets out some employee types that are not entitled to receive notice of termination, but probationary employees are not in the list. Notice of termination is an NES entitlement, so it must always be given (or paid in lieu) unless one of the listed exclusions applies.

The obligation to give notice of resignation will be set out in the relevant Modern Award or Enterprise Agreement.

16-03-2012, 12:55 PM
Thanks Greg for the information.

I'll check the modern award and that section of FW Act today.

22-03-2012, 10:20 AM
In my experience I have found that Payroll / Taxation professionals within a business love to give their point of view on IR and HR, no matter how dated it is, becuase that's how they remember doing it.

Remember that you are the HR/IR expert, and that is what the business is paying you to do. Compliance stops at you.

Always refer to the current State / Federal acts, check with the Chamber of Commerce in your state if you're not sure, and refer to this site for 'helpful hints'.

Greg Schmidt is absolutely correct on this point.