Probationary work

Probation is a fixed period of time at the beginning of employment when suitability for the job is assessed.

A probationary period is a set period at the beginning of an employment contract during which employers assess whether or not employees are suitable and capable of doing the work for which they were employed. During a probationary period, both the employers and employees have rights and duties associated with the employment relationship.

Some awards and agreements specify the duration of the probationary period. If there is no probation period in an award or agreement, employers can determine a period of probation in consultation with employees prior to the commencement of employment. A probationary period must be reasonable, and take into account the nature of the position and previous experience of employees.  A probationary period of one to three months is usual.

To gain maximum benefit from a probation period it is important that employers and employees negotiate and agree on issues such as:

• the length of the probationary period - (some awards and agreements specify this);
• how employee performance will be assessed;
• employer expectations and obligations; and
• employee expectations and obligations.

Probationary employees can be dismissed during the probationary period.  A probationary period is viewed as an extension of the interview process and is intended to assist in the selection of the right person for the job.  New employees should be advised that their work performance is being assessed during the probationary period and that based on the performance, it is possible employees may be found to be unsuitable.

As with all dismissals, termination during probation must not be harsh, oppressive or unfair.  Probationary employees can make a claim of unfair dismissal. However, the Western Australian Industrial Relations Commission is required to take the special nature of probationary employment into account when deciding the fairness or otherwise of the dismissal. 

Notice required to terminate during or at the end of the probationary period will depend on the terms of the relevant award, agreement or contract of employment.