Employee on probation absenteeism issue

[sydneybhoy]

Hi Everybody,

I'm looking for some advice on an employee that I have just taken on.

Basically this girl has been employed with me for for just under a month.She has had 3 days off so far , a couple of times with sickness no certificate and today her mother called up to say that she wont be in because her car wont start

Obviously we think this is not going to work out for both of us, and we are seeking some strategies to start the exit process for her as she is still under a probation.

I believe we cant dismiss her on sickness alone , but this is creating a few problems in our operations

Any advice would be gratefully accepted

[The Y-man]

I would have thought the probabtionary period was set for the very reason that either party could call off the deal, no hard feelings.

The Y-man

[belinda]

I am of the same understanding, that you don't have to go through the entire performance management process. You could just let her know that it is not going to work out, pay her out and start your recruitment process again.

[Job Media]

The FWA doesn't actually mention "probation" periods, however, to be eligible to make an unfair dismissal claim a person must have worked for you for more than 6 months (or 12 months if you are a small business employer). See here

[Roelie]

Yes, but remember there are something like unlawful termination. Termanating a staff member because of illness is unlawful in this case. Have you informed her what the procedures is for notifying you when she is of sick? If so, I would focus on her not following protocol rather than being of sick!!

By the sounds of it, she is not very interested in working there anyway. Car that does not want to start is not personal carers leave and I would insist that she find alterntive methods to get into work

[Moz]

sydneybhoy,

When you say she took sick leave without a certificate, did you ask for one? (it is your right to do so).

Nevertheless, I wouldn't use that as an excuse. You could simply say that you don't think she is a good fit for the job and terminate her within the probationary period. Just don't be drawn into discussions about the sick leave.

[Mark D]

You can terminate someone inside the probation period in writing by saying something along the lines of "as per the terms of your letter of offer dated xxxx, we have decided not to continue your employment. You will be paid x week/s in lieu of notice, and your last day at work is xxxx."