Yes. Probation is not a workplace-law vacuum. Employees still have rights concerning minimum pay, payslips, leave, notice, discrimination and workplace protections. The common confusion is that a contractual probation period and the minimum employment period for unfair dismissal are not the same clock.
Two clocks run at once
| Clock | Purpose |
|---|---|
| Contractual probation | An employer’s assessment period, often three or six months, set by the contract or policy. |
| Unfair dismissal minimum employment period | Usually six months, or 12 months for a small business with fewer than 15 employees. |
A person dismissed before the minimum employment period will generally not yet qualify for an unfair dismissal application. That does not allow dismissal for prohibited reasons such as discrimination, exercising a workplace right or certain temporary absences due to illness. Different claims have different tests.
Entitlements still matter when probation ends
- The applicable notice, or payment in lieu, will usually still be required.
- Accrued unused annual leave should be paid in the final pay.
- Keep the contract, feedback, performance plan, emails, rosters and termination letter.
- Do not delay after dismissal: most Fair Work Commission dismissal applications have a strict 21-day limit.
Create a factual record while employed
Ask for clear performance standards and concrete examples. After a meeting, email a short summary of agreed actions and the review date. If a problem is raised, request reasonable training, resources or clarification. The purpose is to make “meeting expectations” visible to both sides.
This is general workplace information. It cannot decide whether a case is unfair dismissal, general protections or discrimination.
Official sources
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