Your questions answered: Do employees have unfair dismissal protection after probationary periods?

By Portner Press on December 10th, 2018
  1. Workplace Policies
  2. Employment Contracts


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?


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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