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Probationary period is not a defence
In the Application, the employee’s continuing employment was subject to a probationary period. A probationary period is a common term of employment contracts, and in its decision the FCC noted the very purpose of a probationary period is to “provide for a period in which an employee can be trained to do the work required, and in which an assessment can be made of his or her aptitude and capacity to do the work once the employee has been trained”.
Whilst an employer is usually contractually entitled to dismiss an employee for an unsuccessful probationary period of employment, the Application highlights a key consideration for employers – dismissal of an employee during a probationary period of employment does not provide immunity against general protections claims. It remains the case an employer must prove, by way of evidence, the substantial and operative reasons for an employee’s dismissal was not a reason prohibited (religious discrimination) by the FW Act. It is likely to be insufficient for an employer to rely on a probationary period (on its own) to defend against a general protections application. |
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新足迹厨艺大展示 - 脆牛柳和其他的接风宴 (2008-12-6) 老陶 
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