Using Probation Periods effectively
We regularly get this scenario: An employer calls us around the 5 or 6 month mark of a probation period and says, "This just isn't working – can we terminate them?"
We then say "Happy to help. Tell me what's been going on and where are you up to with this?” This is usually followed by an uncomfortable silence.
It's not impossible to fix at this stage, but it's stressful, risky, and often more expensive than it needs to be.
Recruiting is tough enough without gambling on a long-term fit. That's why probation exists: it's your built-in "try before you buy" window to assess performance, reliability, attitude, and team fit. Under Fair Work rules, you have greater flexibility to part ways if it's not right—before unfair dismissal protections fully kick in (typically after 6 months for most businesses, or 12 months for small businesses with fewer than 15 employees).
The classic scenario: The new hire aced the interview but starts racking up unplanned leave, chronic lateness, and endless "emergencies." Whispers from the team suggest they're not gelling, but you think, "It's early days, they'll settle in."
Suddenly, probation's ending next week, problems are entrenched, and you're scrambling. Sound familiar?
Here's the good news: You don't need complex processes to turn this around. Can you spare roughly 4 hours across the probation period for targeted feedback? Smarter question: Can you afford not to?
Simple, Low-Effort Steps to Maximise Probation
Set some expectations. In the first week, outline what you want them to do and how you want them to do it - no guesswork. Keep it straightforward: key tasks, standards, and behaviours. This eliminates the "I didn't know" defence later.
Lock in regular check-ins - aim for three 15-30 minute chats at 1 month, 3 months, and 5 months. Put them in your calendar now, otherwise, life gets in the way.
At the check-ins let them do most of the talking. Ask open questions like: What's going well? Anything I can help with? What’s been the biggest challenge for you?
Give honest and timely feedback. Don't wait for the end. If you notice issues (attendance, quality, attitude), address them early and directly: "I've noticed X—here's why it matters to the team/business, and here's how we can improve it."
Jot down some brief notes (you don’t need fancy forms) after each chat, just the key points discussed. This creates a record if termination becomes necessary which will protect you down the track.
Bonus tip: Tools like electronic meeting recorders can save time on notes—just let the employee know upfront for transparency.
If things are going well: Make sure you tell the employee! Positive feedback costs you nothing and reassures your employees during what can be an uncertain time for them.
If things aren’t going well: If you feel you have taken all reasonable steps to support your new employee but are not seeing the results, don’t delay. You can part ways (with proper notice) at any stage during probation. However, you must do it prior to the end of the six-month period to avoid any unfair dismissal liability.
For any termination, even during probation, getting advice early is key to a good outcome for your business.
If you'd like help with probation before it escalates, give us a call.
General Information Only The content on this website provides general tips and information about HR topics and is for informational purposes only. It is not legal advice, or tailored to your specific workplace, contract, award, agreement, or circumstances. Employment laws and obligations under the Fair Work Act can vary.
We do not guarantee the information is complete, accurate, current, or suitable for your needs. Do not rely on it as a substitute for independent professional advice or the Fair Work Ombudsman (www.fairwork.gov.au). We Are HR and its representatives disclaim all liability (to the extent permitted by law) for any loss or damage arising from use of or reliance on this information.
