Termination for poor attendance in first 6 months

[Orgdevel]

Hi all

We have a situation where an employee who has only been with us 6 weeks has been ill for 4 of those.

The reasons are flu/virus like symptoms but there appears to be something slightly different each time.

Do we have any ability to exit the employee without fearing repercussion from unlawful termination or adverse action etc

Regards,

[Qld IR Consultant]

Well the answer is two fold. Yes you can, but that won't stop them from trying unfair dismissal. They all do.....

[Indrele Workplace Consulting]

Hi Orgdevel, provided that the employee is not currently still on sick leave, you are well within your rights to terminate their employment. The reasoning behind this is that even if a probationary period has not been established, the employee is under the minimum length of service required to lodge an unfair dismissal application with FWA. However, I would also seek further advice regarding mitigating any potential adverse action claims available to the employee and would still practice procedural fairness during the termination process.