Home - Probationary periods and unfair dismissal protection
March 21, 2018

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)?

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.
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