Probation periods are one of the most valuable — and most mismanaged — tools available to care employers. When used well, they create a structured period for assessing whether a new support worker has the values, skills, and work ethic to be a long-term asset to your organisation and your participants.
A common misconception is that during a probation period, you can dismiss a worker for any reason without consequence. Under the Fair Work Act, workers who have completed the minimum employment period — six months for employers with 15 or more employees, twelve months for small employers — are protected from unfair dismissal. A probation period specified in the employment contract can be shorter than the minimum employment period, but it cannot extend beyond it and claim to exclude unfair dismissal protection.
New support workers should receive a clear induction that covers: the performance standards they are expected to meet, the conduct expected of them with participants, families, and colleagues, the documentation requirements of the role, the supervision and check-in structure during probation, and when and how their probationary review will occur. A worker who is dismissed during probation and claims unfair treatment will be on much weaker ground if they were given a thorough induction, received written confirmation of expectations, and had regular check-ins where any concerns were raised.
A structured probation process might include: a week-one check-in to assess orientation; a one-month review to assess early performance and provide initial feedback; a mid-point review to document progress and address developing concerns formally; and a final probationary review to confirm ongoing employment or, where concerns remain, to make an informed employment decision. Each check-in should be documented.
The most common probation management failure is inaction. If you have concerns in month two, raise them in month two — not in month five when the minimum employment period is almost up and you are scrambling to take action before unfair dismissal protections kick in. Where a worker's performance or conduct during probation raises participant safety concerns, the threshold for action should be lower, not higher.
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