How to manage employee probation periods
A complete guide to managing probation periods effectively and fairly, including check-ins, documentation, legal requirements, and industry considerations. Includes 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 should not replace professional legal or HR advice specific to your situation. 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 for the role and the employee time to decide if the position meets their expectations.
Probation periods are a contractual arrangement, not a legal requirement under employment law. They typically last 3-6 months and should be clearly stated in the employment contract. During this time, employers can assess performance, cultural fit, and the employee's ability to meet job requirements.
Key point: Probation periods are separate from the "minimum employment period" under the Fair Work Act. Even during probation, employees retain important legal protections against discrimination and adverse action.
Probation period vs minimum employment period
Many employers confuse probation periods with the minimum employment period (MEP) for unfair dismissal claims. These are different concepts:
Probation period
- Contractual arrangement (not a law)
- Typically 3-6 months
- Allows both parties to assess fit
- May have different notice periods
Minimum employment period
- Legal protection under Fair Work Act
- 6 months (large business) or 12 months (small business)
- Determines unfair dismissal eligibility
- Applies regardless of probation clause
Critical: Even before the minimum employment period ends, employees are protected from discrimination (age, race, disability, gender, pregnancy) and adverse action (exercising workplace rights like taking leave). Probation does not remove these protections.
7 steps to manage probation periods
Follow this process for effective, fair probation management that protects both employer and employee.
Set clear expectations from day one
Define and communicate performance expectations, job requirements, and success criteria at the start of employment.
Best practices:
- 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 using performance management best practices.
Best practices:
- Schedule check-ins at least monthly during probation
- Use performance tracking software 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.
Best practices:
- Ensure proper onboarding and role-specific induction
- 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 using digital HR records, including both positive contributions and any concerns.
Best practices:
- 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.
Best practices:
- 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 probation performance review to make a decision about ongoing employment.
Best practices:
- 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.
Best practices:
- 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
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
Automate probation tracking
RosterElf HR Hub sends automatic reminders for probation reviews and tracks outcomes. Built for Australian small businesses.
Employee rights during probation
Understand the legal protections that apply during the probation period under Australian law.
| 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 (age, race, disability, gender, pregnancy, family responsibilities) and adverse action (exercising workplace rights like taking leave, raising safety concerns, or making workplace complaints).
Notice requirements: Check your employment contract and applicable award for specific notice periods during probation. Some contracts specify shorter notice (e.g., 1 week) during probation, but this must comply with the National Employment Standards.
Extending a probation period
If an employee shows potential but hasn't quite met expectations, you may consider extending the probation period. This can only be done if:
- Your employment contract explicitly allows for probation extensions
- The employee agrees to the extension in writing
- The extension period is reasonable (typically 1-3 months)
- You have legitimate reasons for the extension (not just delaying a decision)
How to extend probation fairly
- 1 Document performance issues clearly: Provide specific examples of where the employee hasn't met expectations and what improvement is needed.
- 2 Set measurable goals: Define clear, specific objectives the employee must achieve during the extension period.
- 3 Provide additional support: Offer extra training, mentoring, or resources to help the employee succeed.
- 4 Get written agreement: Have the employee sign an extension letter acknowledging the new end date and requirements.
- 5 Schedule regular check-ins: Meet more frequently during the extension to monitor progress and provide feedback.
Warning: Repeatedly extending probation without valid reasons may be considered unfair or an attempt to avoid employment obligations. Limit extensions to one additional period of 1-3 months maximum.
Documentation requirements
Proper documentation is critical for managing probation periods effectively and protecting against legal claims. Use digital HR records to centralise and secure all probation documentation.
At the start
- Employment contract with probation clause
- Position description with KPIs
- Written performance expectations
- Policy acknowledgement form
During probation
- Check-in meeting notes with dates
- Performance examples (positive and negative)
- Training records and support provided
- Any performance concerns raised
Final review
- Comprehensive performance review
- Assessment against initial expectations
- Feedback from supervisors and colleagues
- Written outcome decision
Outcome letters
- Successful probation confirmation letter
- Probation extension letter (if applicable)
- Unsuccessful probation termination letter
- Final pay calculation (if terminated)
Free templates: Download Fair Work's official successful probation letter template and unsuccessful probation letter template.
Common probation mistakes
These errors can create legal risk, unfair outcomes, and damage your employer reputation.
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 using a policy acknowledgement form.
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 using digital HR records.
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 under employment law.
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.
Industry-specific probation considerations
Different industries have unique probation requirements and assessment criteria.
Hospitality
- High-turnover environment requires efficient probation processes
- Customer service skills assessment during peak periods
- RSA and food handling certification verification
- Flexible hours assessment during probation
Healthcare & Aged Care
- Professional registration and credentials verification
- Mandatory compliance training during probation
- Clinical competency assessment requirements
- NDIS Worker Screening Check completion
Retail
- Sales performance metrics during probation
- Point-of-sale system proficiency
- Inventory management skills assessment
- Peak trading period performance evaluation
Childcare & Education
- Working with Children Check clearance required
- Child protection training completion
- Ratio compliance and supervision skills
- Parent communication assessment
More industries: Explore probation considerations for construction, security, cleaning, and 50+ other industries.
Free probation templates
Download free templates to streamline your probation period management.
Probation policy template
Comprehensive probation policy covering duration, assessment, and outcomes.
Performance review template
Structured template for conducting probation performance reviews.
Policy acknowledgement form
Document employee acknowledgement of probation expectations.
Termination policy
Policy covering termination during and after probation periods.
Employment contract generator
AI-powered tool to generate contracts with probation clauses.
Warning letter template
For documenting performance concerns during probation.
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 under the Fair Work Act. These are separate concepts - an employee can be on probation but still have other legal protections against discrimination and adverse action.
- While unfair dismissal laws don't apply during the minimum employment period, other protections still apply under the National Employment Standards. 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, but this must still comply with award requirements.
- Yes, if the employment contract allows for extension. Extensions should be: agreed in writing, for a reasonable period (typically 1-3 months), 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). Document the reasons for extension and the specific improvement areas required.
- Yes, employees accrue all standard leave entitlements (annual leave, personal leave) from their start date under the National Employment Standards, including during probation. These entitlements are not affected by probation status. If employment ends during probation, accrued but untaken annual leave must be paid out.
Related HR guides
More employment and HR management resources.
Regulatory sources
This guide is aligned with official Australian workplace regulations and Fair Work guidelines.
Streamline probation period management
Join thousands of Australian businesses using RosterElf to automate HR processes, track probation periods, and manage employee performance.