Probation in the Queensland Public Sector
When you start at a new workplace it’s important to be a union member to know where you stand and to access industrial advice and support, especially if you have a probationary period.
In this article:
What are my rights during probation?
What is probation?
A probationary period allows your employer to test how well you fit in to your new role and workplace. This means your performance will be assessed against the expectations of the role. Importantly during probation, your employer has more power to terminate your employment than they would normally have.
When does probation apply?
A probationary period generally applies when you are appointed as a permanent public servant. It does not apply for temporary fixed term or casual appointments, or when you are promoted or you transfer between departments as a permanent public servant. If you are converted from casual or temporary to permanent your probationary period can be waived by the Department – please contact your union for assistance if you are in this situation.
How long does probation last?
For most public sector workers the probationary period is 3 months, unless otherwise agreed. A longer probationary period can apply if either you are notified at the start of your employment or your probationary period is extended.
What are my rights during probation?
Probation suspends some of your industrial rights. If you are dismissed during your probationary period, you cannot make an unfair dismissal claim. You can be terminated at the end of your probationary period without a formal ‘show cause’ or disciplinary process to occur. However your employer does need to provide regular documented feedback on your performance and the opportunity to respond to this at the time it is given, both recognising good work and identifying performance concerns. You are still entitled to protection against adverse action and discrimination while on probation.
How do I find out more?
A probation period can be an uncertain time during your employment. Being a union member means you have someone in your corner to help you through your probation. As a union member you have access to support and advice about your probationary period by emailing your.union@together.org.au.
If you didn’t find what you were looking for in this factsheet, please see the Related articles below or check the EBs and Awards page, otherwise you can be connected with an Industrial Officer by clicking here.
Please note that the information above is general information only and is not legal advice. For further assistance, contact us by clicking here.