Are Probationary Employees’ Rights Any Less Than Employees?

By Keri Spooner

The rights of employers to hire employees on a probationary period of employment is provided by federal and state legislation.

Since 1996 legislation and accompanying regulations have been enacted throughout Australia aimed at establishing the rights of employers to appoint employees on a probationary period and thereby to restrict the rights of such employees to access unfair termination provisions under the acts.

As illustrated by a number of disputes heard by the industrial tribunals, it appears some employers have mistakenly believed that the legal provisions concerning probationary employees provide employers with an unqualified right to terminate. Spooner outlines employer obligations and some cases about probationary employees.

(CCH Work Alert; issue 5, May 2003)