Probation for new employees

Probation applies to employees who are newly employed to the public sector. It may also apply to employees re-starting employment after a break in service unless your chief executive waives this condition.

Probation does not apply to employees who are employed:

• for temporary or casual engagements
• in a different role, with the same employer
• as a senior executive or a chief executive.

Probation is usually for 3 months. You can request a longer probation period if:

• the employee agrees to it in writing before they start
• it’s prescribed in the relevant employment award.

At the start of probation, onboard and induct your employee. This includes completing a performance and development agreement shortly after your employee commences.

Ensure your employee clearly understands the conduct and performance you and your entity expects of them.

Review your employee’s performance regularly against the performance and development agreement. Provide prompt, positive feedback and flag areas for improvement. You may need to provide additional support and training to assist them. Follow up with a record of your feedback in writing and provide a copy to the employee.

See Positive performance practices for more.

Performance or conduct that does not meet expectations

If an employee’s performance or conduct does not meet expectations during probation, address it promptly. This gives them time to improve. If they are unable to improve after regular feedback and appropriate support, you can end their employment prior to the end of their probation period.

See the Positive performance directive for more.

Before the end of the probation period, you must complete a structured review of your employee’s performance and conduct.

You can either confirm your employee’s employment to the role or end their employment.

Confirm appointment

If your employee has met the expectations for the role, confirm their employment. See your intranet or speak to your HR team to find out how your entity does this.

End employment

If your employee has not met the expectations for the role following feedback and support, you can end their employment.

You should ensure you have provided regular written feedback during the probation period and given the employee the opportunity to respond. Speak to your HR team before deciding to end employment during probation.

If the decision is made to end their employment, you must provide the employee with written notice before probation ends.

Your employee cannot make an unfair dismissal claim if you end their employment during the probation period. See Section 315 of the Industrial Relations Act 2016.

Your employee can lodge:

• an adverse action or discrimination claim against the entity for dismissal during probation (see Section 282 of the Industrial Relations Act 2016)
• a discrimination claim (see Section 15 of the Anti-Discrimination Act 1991).

Keep a record of your feedback and conversations about their work performance issues and what support was provided to help improve their performance. This will help your entity show there was cause for ending their employment early and appropriate support was provided.

See Positive management practices and the Positive performance management directive for more.