What is the minimum employment period?
The minimum employment period is the time an employee must work before they can claim unfair dismissal — 6 months, or 12 months for a small business.
The minimum employment period is the length of time an employee must be employed before they are protected from unfair dismissal. It is 6 months for most employees, and 12 months for employees of a small business — a business with fewer than 15 employees.
Until the minimum employment period is served, an employee generally cannot make an unfair dismissal claim. However, other protections still apply from day one, including the general protections, which cover dismissals for prohibited reasons such as exercising a workplace right.
Key facts
- •It is 6 months for most employees under the Fair Work Act 2009
- •It is 12 months for employees of a small business (fewer than 15 employees)
- •Regular and systematic casual service can count towards the period in some cases
- •Before it is served, an employee usually cannot bring an unfair dismissal claim
- •General protections claims can still be made from the first day of work
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Unfair Dismissal CheckerFrequently asked questions
How long do I have to work before I can claim unfair dismissal?
Generally 6 months, or 12 months if you work for a small business with fewer than 15 employees. Before that point you usually cannot make an unfair dismissal claim, though general protections still apply.
Does my probation period change the minimum employment period?
No. The minimum employment period is set by the Fair Work Act and is not changed by any probation period in your contract. A 3-month probation does not shorten the 6-month minimum employment period.
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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.