Starting a new job can be an exciting and nerve-wracking experience. During the first few months, most employees are on a probation period where their performance is evaluated before they become permanent employees. However, what happens when an employer decides to terminate an employee during their probation period? Can they do that? What are the employee's rights? In this article, we'll explore termination during the probation period and what it means for employees.
Termination during probation period refers to the act of an employer ending the employment of a probationary employee before the probation period is over. Employers may terminate an employee during the probation period for various reasons, including poor performance, a lack of skills, or if the employee is not a good fit for the organization.
Employers are within their rights to terminate employees during the probation period as long as the reason is not discriminatory or in breach of employment laws. However, employees still have rights during this time, and they should understand their options if they feel their termination was unjust.
If an employee believes that their termination was unfair, they may be able to make a claim for unfair dismissal. Unfair Dismissal Australia is a process that allows employees who have been unfairly dismissed from their job to take legal action against their employer. The Fair Work Commission oversees this process and can award compensation to the employee if the employer is found to have acted unfairly.
To make a claim for unfair dismissal, the employee must meet certain criteria, including completing the minimum employment period of at least six months, being covered by an award or agreement, and earning less than the high-income threshold. If the employee meets these criteria and believes that their termination during the probation period was unjust, they should seek legal advice to discuss their options.
It's important to note that not all terminations during the probation period are unfair, and employers have the right to terminate an employee for legitimate reasons. If an employee is terminated during the probation period, they should request feedback from their employer to understand why their employment was terminated.
In conclusion, termination during probation period is a common occurrence, and employees should understand their rights and options if they feel they were unfairly dismissed. Unfair Dismissal Australia is a process that can provide employees with legal options if they believe their termination was unjust. However, it's important to seek legal advice to understand if the termination was lawful or if there are grounds for an unfair dismissal claim.