Question 1

Do you get notice during probation in Australia?

Accepted Answer

Yes. Even during a probation period, the National Employment Standards (NES) minimum notice period applies. A common misconception is that probation means no notice is required, but this is incorrect. An employer must give at least 1 week of notice (or payment in lieu) when terminating an employee during probation.

Question 2

Can my employer fire me during probation without notice?

Accepted Answer

No. Your employer cannot fire you during probation without notice. The NES requires a minimum of 1 week of notice for employees with up to 1 year of service, even during a probation period. Your employer can choose to pay you in lieu of notice instead of having you work the notice period.

Question 3

How much notice do I give during probation?

Accepted Answer

When resigning during probation, most awards require at least 1 week of notice. Your employment contract may specify a different notice period, but it generally cannot be less than the minimum set by the applicable award or the NES. Check your contract and award for the specific requirements.

Question 4

Can I be unfairly dismissed during probation?

Accepted Answer

Unfair dismissal protections under the Fair Work Act generally do not apply during the minimum employment period — 6 months for large businesses (15+ employees) or 12 months for small businesses (fewer than 15 employees). However, the employer must still provide the NES minimum notice period, and general protections (such as protection from discrimination) apply from day one.

Probation Notice Period Checker

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