Results 1 to 4 of 4
  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default Probation Periods

    My new HR manager wants to have 6 months probation period for all new staff. We don't have a policy for this. Can we legally do this as a matter of course? I was under the impression that 3 months was standard. Can anyone help me with this one?

  2. #2
    Join Date
    Jul 2007
    Location
    Perth WA
    Posts
    45

    Smile

    Hi Margot,

    I work in an organisation covered by the WA Minimum Conditions of Employment Act. Genreally the Industrial Relations Commission (at least here in WA) only recognises the first 3 months as the probationary period if you have any claims made against you. Although probationary workers have a much more difficult time making a claim, they still have the right to do so under this legislation.

    I have not yet had the burden of working in the Federal system so I can't comment on that.

    Having some sort of policy covering probation, substandard performance, and discipline is essential, as having this process written down will not only help you in defending your employer, but will also provide valuable guidelines for managers.

    Just my humble opinion.


    Cheers
    Michaela

  3. #3
    Join Date
    May 2008
    Location
    Sydney
    Posts
    7

    Default

    Margot can you clarify whether your under the federal industrial relations system? This is most likely the case, in which case if you have more than 15 staff, the maximum probation period can be 6 months.

    There are two important points worth clarifying on this topic:

    Firstly, this period can be extended where there are periods of leave without pay as per the regulations of the Fair Work Act

    Secondly, even if you state a shorter probation period, for the purposes of lodging an unfair dismissal claim, it appears that the employee still would not be able to file a claim for unfair dismissal if the termination occurred after the stipulated probation period, but before the 6 months service, which is defined as the minimum period of employment within the act.

    In short, providing that the federal legislation applies to the company, yes she can. However, in some respects it doesn't matter either way, it just influences when the probation review occurs.

  4. #4
    Join Date
    Jul 2007
    Location
    Sydney
    Posts
    3

    Exclamation Probation Period

    I believe that he or she can do this as the new statutory requirements have been moved to 6 months probation period or qualifying period before someone can bring an unfair dismissal claim. Companies usually have a 3 month probation period but there is no real reason why he or she cant put into place a 6 month probation period. However, I would add that best practice would be consulting with people in the business around this before implementation to discuss the benefits and drawbacks of it.

    Best Regards
    David Fox
    The HR Practise
    david.fox*thehrpractise.com.au

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Talent Acquisition/ Recruitment Support - Fixed Term - Geelong
Posted on 28 Feb 2017 at 5:32am

Workforce Relations Partner - Geelong
Posted on 28 Feb 2017 at 4:35am

National Employee Relations Manager - Knoxfield
Posted on 28 Feb 2017 at 4:03am

Senior HR Consultant, Human Resources Advisor, PCC, - Darwin
Posted on 28 Feb 2017 at 3:03am

HR Business Partner - Melbourne
Posted on 28 Feb 2017 at 1:05am

National Talent Acquisition Manager - Brisbane
Posted on 28 Feb 2017 at 12:05am

HR Advisor Part-time - Contract - Brisbane - Inner
Posted on 27 Feb 2017 at 3:03pm

HR Advisor - Western Sydney
Posted on 27 Feb 2017 at 8:05am

Internal Talent & Acquisition Consultant - Contract - Sydney - Inner West
Posted on 27 Feb 2017 at 8:05am

HR Business Partner - Sydney CBD
Posted on 27 Feb 2017 at 8:03am

Senior HR Business Partner - Sydney CBD
Posted on 27 Feb 2017 at 7:05am

Organisational Change Manager - Contract - Canberra
Posted on 17 Feb 2017 at 7:03am

Senior HR Administrator - Melbourne
Posted on 27 Feb 2017 at 6:05am

Talent Acquisition Advisor - Melbourne - Inner South
Posted on 27 Feb 2017 at 6:05am

Recruitment Administrator - Brisbane - South
Posted on 27 Feb 2017 at 6:03am


 

Powered by vBadvanced CMPS v4.2.1