How to manage employee probation periods
A complete guide to managing probation periods effectively and fairly, including check-ins, documentation, and legal considerations. Links to probation policy templates.
Written by
Georgia Morgan
General information only – not legal advice
This guide provides general information about managing employee probation periods in Australia. It does not constitute legal, HR, or professional advice and should not be relied on as a substitute for advice specific to your business, workforce, or circumstances.
What is a probation period?
A probation period is a trial period at the start of employment during which both the employer and employee assess whether the role is a good fit. It gives the employer time to evaluate the employee's suitability and the employee time to decide if the role meets their expectations.
Probation periods are a contractual arrangement, not a legal requirement. They're separate from the "minimum employment period" under the Fair Work Act, which determines when unfair dismissal protections begin.
7 steps to employee probation periods management
Follow this process for effective, fair probation management.
Set clear expectations from day one
Define and communicate performance expectations, job requirements, and success criteria at the start of employment.
Tips:
- Provide a detailed position description and key responsibilities
- Set specific, measurable goals for the probation period
- Explain company policies, procedures, and workplace culture
- Document expectations in writing and have the employee acknowledge
Schedule regular check-ins
Meet with the employee regularly to discuss progress, provide feedback, and address any concerns.
Tips:
- Schedule check-ins at least monthly during probation
- Use a consistent format to track progress over time
- Discuss both strengths and areas for improvement
- Document all feedback and discussions
Provide training and support
Give the employee the tools, training, and support they need to succeed in their role.
Tips:
- Ensure proper onboarding and role-specific training
- Assign a mentor or buddy for day-to-day guidance
- Provide resources and access to systems they need
- Be available to answer questions and provide assistance
Document performance throughout
Keep written records of the employee's performance, including both positive contributions and any concerns.
Tips:
- Record specific examples of good and poor performance
- Note any feedback given and the employee's response
- Document any training provided or support offered
- Keep records objective, factual, and contemporaneous
Address issues early
If performance concerns arise, address them promptly with clear feedback and an opportunity to improve.
Tips:
- Don't wait until the end of probation to raise concerns
- Provide specific examples of the issue and expected standard
- Give the employee a reasonable opportunity to improve
- Document the conversation and agreed actions
Conduct a formal review
Before probation ends, conduct a comprehensive review to make a decision about ongoing employment.
Tips:
- Schedule the review before the probation period expires
- Review all documented performance against expectations
- Consider feedback from colleagues and supervisors
- Make a clear decision: confirm, extend, or end employment
Communicate the outcome
Formally communicate the outcome of the probation review to the employee.
Tips:
- Confirm in writing whether employment is confirmed or not
- If confirmed, discuss ongoing performance expectations
- If extending probation, explain why and set new goals
- If ending employment, follow correct termination procedures
Track probation periods
RosterElf HR Hub sends automatic reminders for probation reviews and tracks outcomes. Built for Australian small businesses.
Probation period checklist
Key tasks to complete at each stage of the probation period.
Day 1
- Position description provided
- Probation period explained
- Expectations documented
- First check-in scheduled
Week 1-2
- Onboarding complete
- Systems access provided
- Initial training delivered
- Buddy/mentor assigned
Month 1
- First formal check-in conducted
- Early performance assessed
- Any concerns identified
- Additional training needs identified
Month 2-3
- Regular check-ins ongoing
- Performance documented
- Issues addressed promptly
- Progress toward goals tracked
Before end
- Comprehensive review scheduled
- All documentation reviewed
- Decision made
- Outcome communicated in writing
Employee rights during probation
Understand the legal protections that apply during the probation period.
| Period | Description | Notice required | Unfair dismissal |
|---|---|---|---|
| Minimum Employment Period (Small business) | 12 months for employers with fewer than 15 employees | Minimum 1 week notice (or payment in lieu) | Cannot claim unfair dismissal |
| Minimum Employment Period (Large business) | 6 months for employers with 15 or more employees | Minimum 1 week notice (or payment in lieu) | Cannot claim unfair dismissal |
| After minimum period | Full unfair dismissal protection applies | Based on length of service (1-4 weeks) | Can claim unfair dismissal |
Important: Even during the minimum employment period, employees are protected from discrimination and adverse action. You cannot terminate for discriminatory reasons (age, race, disability, etc.) or for exercising workplace rights (like taking leave or raising a safety concern).
Common probation mistakes
These errors can create legal risk and unfair outcomes.
No documented expectations
Risk: Difficult to justify termination. Employee may claim they didn't know what was expected.
Solution: Provide written expectations and goals at the start. Have the employee acknowledge.
Waiting until the end to raise concerns
Risk: Employee has no opportunity to improve. May appear unfair.
Solution: Raise concerns as they arise. Document feedback and give time to improve.
Inadequate documentation
Risk: No evidence to support termination decision. Risk of discrimination claims.
Solution: Keep contemporaneous records of performance, feedback, and support provided.
Confusing probation with minimum employment period
Risk: Incorrectly assuming termination is "risk-free" during probation.
Solution: Understand that probation doesn't override discrimination or adverse action protections.
Forgetting to confirm employment
Risk: Employment automatically continues. Employee may assume they've passed.
Solution: Formally confirm (or not) employment in writing before probation expires.
Related guides
More HR and employment resources.
Frequently asked questions
- Probation is a contractual period (usually 3-6 months) during which employer and employee assess fit. The minimum employment period (6 months for large employers, 12 months for small businesses) is when unfair dismissal protections begin. These are separate concepts - an employee can be on probation but still have other legal protections.
- While unfair dismissal laws don't apply during the minimum employment period, other protections still apply. You cannot terminate for discriminatory reasons (age, race, disability, etc.), for exercising a workplace right (like taking leave), or for other unlawful reasons. Always have a legitimate, documented reason.
- Unless the contract specifies otherwise, employees are entitled to minimum notice under the National Employment Standards (1 week for less than 1 year of service) or payment in lieu. Check the employment contract for any probationary notice provisions. Some contracts specify shorter notice during probation.
- Yes, if the employment contract allows for extension. Extensions should be: agreed in writing, for a reasonable period, accompanied by clear goals for the extended period, and genuinely aimed at giving the employee more time to demonstrate capability (not just delaying a decision).
Regulatory sources
This guide is aligned with official Australian workplace regulations.
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