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A probation period or minimum qualifying period exists so that employers can determine if the new employee really is the right person for the job. Many job candidates exaggerate their abilities in order to impress the interviewer and gain an advantage over other applicants. While most people only claim moderate levels of greater ability there are some applicants who just blatantly lie. Even experienced interviewers can get caught out by a highly skilled liar.

It is also true that job applicants rarely include referees who dislike them or have been critical of their performance. How does a person calling referees even know they are speaking to a Production Manager and not a mate from down the road? Referees are only useful for double checking information on a resume to see if the applicant’s claims can be verified. Often people neglect to inform their referees of their exaggerations.

While many job applicants are honest and are able to perform the job well; some are not.
Even those who have worked in the same position in another company may not be able to perform at the level expected in their new position. For example some employees possess the title manager but have never really had the responsibilities of a manager. The title was simply a courtesy title or one incorrectly applied.

For all these reasons it makes sense to view the probation period as an extension of the recruitment process. The job is effectively a temporary position until the qualifying period is completed. Towards the end of the qualifying period management has to determine whether the new employee is capable of doing the job to the standards expected in that company.

To be fair to the new employees, this situation should be clearly stated during the final round of interviews. Even though employees are used to seeing a probation clause in an employment contract, few companies put it into practice. A lack of disclosure prior to them resigning from their previous position, can unnecessary distress the terminated employee.

While a probation period is a useful way to determine if a person is a good fit for a company, it should never be used as a substitute for effective interviewing and assessment methods. It is important not to overuse the opportunity as it can have a negative impact on company morale if people are being regularly dismissed. However if you have a new employee who you suspect is going to be a future nightmare; dismiss them while you still have the opportunity.

It is important to be aware that even though the minimum qualifying period means the dismissed employee cannot make an unfair dismissal claim, they still have some legal recourse through the FairWork adverse action clause as well as unlawful dismissal. This means that even during the qualifying period employers should ensure there are no breaches of anti-discrimination legislations; no victimisation of employees who are seeking to make use of any workplace rights or entitlements, and that all OHS requirements are met.