At the end of the probationary period
As the probationary period nears its conclusion, you need to decide whether you wish to retain the new employee or not – and if so, what other steps may need to be taken to get the most from him or her for the business.
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How it is going…
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Recommended action
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| The new employee is great and fits in well. He or she clearly can, or has the potential to, do the job well. |
Let the employee know that they are going well and that at the end of the probationary period you intend to confirm their contract. |
| The new employee fits in well and has a good attitude to work, but he or she has some deficiencies in skills or knowledge. |
Tell the employee that you would like to keep him or her on at the end of the probationary period, on the understanding that they do some training in some areas. This may be possible within the existing contract – in which case, the contract comes into effect at the end of the probationary period. Alternatively, you may wish to make a change to the contract. |
| The new employee fits in well and has a good attitude to work but just doesn’t seem to have the attributes required for the job. |
If someone fits in well and has a good attitude it’s a shame to lose them. On the other hand, if they can’t do the job, they could be a liability. Reconsider your whole farm needs. Can you reorganise things so they can do a different job, with someone else taking up some of the tasks the new person can’t manage? Discuss this with the new employee and with other farm workers before making any decisions. A new contract may be needed. It is time to conduct a job analysis. |
| It has all been a bit of a nightmare!! The recruit hasn’t fitted in or has bad work attitudes and hasn’t shown any interest in trying to improve. |
If you have given the person a fair chance and offered reasonable support then you should be within your rights to dismiss the person, as long as the probationary period has not expired. Notify the new employee verbally at the time of the review that they will not be kept on and confirm it in writing. |
From your perspective as an employer, you have several options open to you as the probationary period draws to an end. Note that it is important to take action before the probationary period has expired. If, for example, things aren’t working out well and you wish to terminate the employment, you can do so without attracting a claim for unfair dismissal so long as the probationary period has not ended.
Under WorkChoices, if you delay until after the probationary period, but within six months of employing the person, you can dismiss the person with one week’s notice. After the six-month qualifying period, dismissal may be subject to unfair dismissal laws depending upon the number of employees employed in the business.
State and territory laws may also have minimum periods of employment before unfair dismissal laws apply.
If you do decide to dismiss the employee by the end of the probationary period, you should notify them verbally and in writing.
Of course, the probationary period also offers the new employee the opportunity to decide whether the position is suited to them. You need to be prepared for the possibility that the employee decides that he or she does not want to stay, or that they want some changes to their terms and conditions.
If the employee decides to leave, ask them for some time to give you feedback on why they decided not to stay – an ‘exit interview’. Exit interviews should be recorded and used for identifying areas to improve next time you go through the recruitment process and conduct a job analysis for this position. For more details on exit interviews see the module on Engagement and Reward.
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