Q: We have a 3-month probationary period written into our employment contracts. Can we still exercise the right to terminate employment within 6 months of commencement without risk of an unfair dismissal claim or, considering we have written in a 3-month probation, will this override the standard 6 months prescribed in the Fair Work Act 2009 (Cth)?

A: If the employee has served less than 6 months, they will not have access to unfair dismissal rights, regardless of the length of their probationary period.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Unfair dismissal for current advice.