On probation? You still have employment rights.
A probation clause is not the same as a valid 90-day trial. Employers generally still need good reason, fair assessment and a proper dismissal process.
Probation is about assessment, feedback and a real chance to improve
A probationary period can be used to assess suitability, but it does not ordinarily remove the employee's normal dismissal protections. The employer should make expectations clear, identify concerns, provide reasonable support or training, warn if employment is at risk and consider the employee's response before deciding.
- Find the probation clause and its duration.
- Keep review notes, feedback, targets and training records.
- Ask exactly what standard you are said not to be meeting.
- Do not confuse probation with a valid statutory 90-day trial period.
What the employer still has to justify
The employer treats the word ‘probation’ as authority to terminate without normal process.
Performance standards or concerns are not clearly identified.
The employee is not supported or given a reasonable chance to improve.
The final decision relies on concerns that were never put to the employee.
The employer does not follow the probation arrangements in the employment agreement.
What actually matters here
01Probation and trial periods are different
A trial period is subject to specific statutory requirements and can remove some dismissal protections if valid. Probation does not usually do that. A probationary period can be used in circumstances where a trial period cannot, including where the employee has worked for the employer before, but the employer still needs to act fairly and reasonably.
02The employee should know what success looks like
The employer should identify any concerns, explain the required standard and provide appropriate feedback, support and training. A probationary dismissal becomes much harder to justify where the employee reaches the end of the period without ever being told that their performance was inadequate or that employment was genuinely at risk.
03Dismissal still requires a real process
If the employer decides the employee is not suitable, it should follow the employment agreement, tell the employee the concerns and possible outcome, give a genuine opportunity to respond and then consider that response before making the final decision. Probation should not be used as shorthand for 'we can dismiss without explanation'.
What a useful result can look like
Probation does not guarantee continued employment either. An employer can dismiss for genuine inability or performance concerns if the decision and process are fair.
A fair opportunity to improve and remain employed.
Correction of an unfair probation decision.
A personal grievance if unjustified dismissal or disadvantage occurs.