Q: Can we extend a probation period? And then if we want to terminate their employment during that extended period, do we need to follow the warning process and offer them a witness at the termination of employment meeting?
A: You can extend the probationary period in accordance with the contractual provision. However, if the employee’s length of service extends beyond the qualifying period for access to unfair dismissal laws in the Fair Work Act, you will need to give the employee an opportunity to improve before dismissing for unsatisfactory performance, and not unreasonably refuse a request for a support person in any discussion about dismissal.
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– HR Consultants Brisbane
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