It’s a common question: “What can I do if a new employee just isn’t working out after a few weeks?”

Forget the idea of a probation period — what really matters is the minimum employment period under the Fair Work Act 2009 (Cth).

Here’s how it works:

• Small businesses (fewer than 15 employees): 12 months

• All other employers: 6 months

During this period, an employee can’t make an unfair dismissal claim if you decide to end their employment.

However, you still need to take care to avoid a General Protections claim. These claims can be costly and may arise if an employee is dismissed for an unlawful reason, such as:

• discrimination (e.g. age, sex, disability, race)

• exercising a workplace right (e.g. asking about pay, safety or leave)

• taking time off due to illness or injury

Practical tips:

• Give honest feedback early — and document it.

• If things don’t improve, provide the correct notice (usually one week for under a year’s service).

• Keep a brief written note explaining your decision.

The bottom line:
You can lawfully terminate employment during the minimum employment period — just make sure your reason is fair, your notice period is correct, and your records are clear.

IR Support

Full Cotton Australia levy payers are entitled to a 15-minute IR consultation with Wayne Schwalbach from Employment Mediation Services (0447 935 416) to assist with workplace questions.