Can I terminate an employee during probation in Australia?
What Australian employers need to check before ending employment during probation, including notice, protected reasons and fair process.
Yes, an employer can end employment during probation, but probation is not a legal exemption from every dismissal rule. The employee will usually still be entitled to written notice or payment in lieu, final pay and protection from dismissal for prohibited reasons. The minimum employment period for an unfair dismissal application is separate from any probation period written into the contract.
Before acting, identify the genuine reason, check the contract, award or agreement, rule out a protected reason, give the employee an opportunity to respond where appropriate, and calculate notice and final pay.
Work through it in this order.
Confirm the real reason
Record whether the issue is performance, conduct, capacity, role requirements or another legitimate business reason. Do not use probation as the reason by itself.
Check protection and process
Employees can still have general protections during probation. Consider discrimination, illness or injury, workplace rights, complaints, leave and other protected attributes before deciding.
Give written notice
Employees are generally entitled to the NES notice period even when employment ends during probation, unless a valid exception applies. A contract, award or agreement may require more.
Close the employment record
Confirm the last day, notice or payment in lieu, outstanding wages, accrued annual leave and any other final entitlements in writing.
What employers often miss.
- The probation period is not the same as the 6 or 12-month unfair dismissal minimum employment period.
- Small businesses should consider the Small Business Fair Dismissal Code.
- Dismissal for a protected reason can create risk regardless of length of service.
Check the primary guidance.
Open any source, or first have HR OK email you the practical employer checklist for this issue.
↗Official pages can change. HR OK monitors legislation and source updates, but the facts of the particular workplace still matter.