Probation Period question

[Orgdevel]

Hi

We have an under performing employee close to their probation period extension of 3 months.

My question is can this probation period be extended if the original contact is silent (on the option to extend if not working out) or does it have to be by agreement (if at all)

If the employee does not agree assuming if we terminate we just need to give greater notice (4 weeks versus one)

Thanks

[Rene]

Need a bit more info but on the surface if the employee is still within the probationary period and you believe they have the potential to be a good performer then you can offer to extend the probation period but look at putting kpi's on the extension that should be closely monitored and met before making permanent. Write this up in detail and get signatures. If the employee does not agree then you do not make permanent and terminate employment giving reasons why. You need to be sure it is definitely a performance issue and not something the employer has failed to provide under the contract ie induction, performance standards etc. If they are already out of the probation period then you need to run the normal performance management programs giving opportunity etc to improve, set standards, closely monitor and provide training etc over time. If employee continues to not meet targets with close support and there are no extenuating circumstances and they have been given every opportunity then terminate as per the contract notice periods. Assuming they are not less than the NES of course. Sorry a bit brief but I am typing this on my phone. Good luck!

[HRinfo]

I also need a bit more info. It seems that you have already extended probation once and they haven't met the objectives? If so, I'd be asking why you would extend it again and look to terminate.

[SA IR Consultant]

Probation is not dealt with specifically under the Act, with the exception that an employer who terminates an employee does not have to pay redundancy pay to an employer with less than 12 Months continuous service (s.121).

Within that period of the first 12 months the employer must give one weeks’ notice of termination if they are going to terminate (if not casual) and likewise if the Modern Award required the employee to give the same notice as the employer.

However, a probation period cannot be served by a casual employee as it implies systematic and regular work requirements which defy the term 'casual'.

So in effect, an employer has 11 months an 3 weeks to decide if an employee is not suitable after which, there are unfair dismissal remedies available to them as well as possible disputes to redundancy etc.