Terminating someone’s employment within the first six months (or 12 months for small businesses) may now be risky business if it is done solely to avoid the employee having access to the Unfair Dismissal provisions of the Fair Work Act 2009 (Cth).
The recent decision of Daboussy v Australian Federation of Islamic Councils [2024] FCA 1074 clearly states that such action may amount to adverse action and a contravention of the general protections provision of the Fair Work Act 2009 (Cth).
To avoid such a scenario, employers should have clear other grounds for ending the employment within the qualifying/probation period that can be evidenced and that have been clearly communicated to the employee.
If you require assistance with managing terminations within the qualifying/probation period, please don’t hesitate to get in touch.
Read the Federal Court’s decision here.
