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Probation Period Termination Notice for Australia

Probation Period Termination Notice Template for Australia

A formal notice document used in Australian employment law context to terminate employment during a probationary period. This document complies with the Fair Work Act 2009 and relevant state legislation, providing clear communication of the termination decision, notice period, and final arrangements. It includes essential information about the termination of employment, final entitlements, company property return, and other administrative requirements. The document ensures legal compliance while maintaining professional communication standards and protecting both employer and employee interests during the termination process.

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Probation Period Termination Notice

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What is a Probation Period Termination Notice?

The Probation Period Termination Notice is a crucial document in Australian employment law, designed for use when an employer decides to end employment during an employee's probationary period. This document must comply with the Fair Work Act 2009 and relevant state legislation, including proper notice periods and fair process requirements. It is typically used when an employee has not met performance expectations or demonstrated suitable fit for the role during their probationary period. The notice should include specific details about the termination decision, notice period, final pay arrangements, and administrative requirements such as the return of company property. In the Australian context, particular attention must be paid to minimum notice periods, final entitlement calculations, and proper documentation to ensure compliance with legal requirements and minimize the risk of unfair dismissal claims.

What sections should be included in a Probation Period Termination Notice?

1. Date and Address Block: Current date and full contact details of both employer and employee

2. Subject Line: Clear indication that this is a Probation Period Termination Notice

3. Opening Paragraph: Reference to employment start date, probationary period terms, and position title

4. Termination Statement: Clear statement of the decision to terminate employment during probation period

5. Notice Period: Specification of notice period and last working day

6. Return of Company Property: List of company items to be returned before departure

7. Final Pay Information: Details about final salary payment and entitlements

8. Signature Block: Space for authorized signatory's details and signature

What sections are optional to include in a Probation Period Termination Notice?

1. Reason for Termination: Brief explanation of termination reasons - include only if legally required or strategically beneficial

2. Garden Leave: Include if employee will be placed on garden leave during notice period

3. Confidentiality Reminder: Reference to ongoing confidentiality obligations - include if employee had access to sensitive information

4. Support Services: Information about outplacement or counseling services if offered

5. Reference Provision: Details about future reference arrangements if applicable

6. Acknowledgment Section: Space for employee to acknowledge receipt - include if documentation of receipt is desired

What schedules should be included in a Probation Period Termination Notice?

1. Final Entitlements Statement: Detailed breakdown of final pay including outstanding wages, leave entitlements, and any other payments

2. Company Property Checklist: Itemized list of company property to be returned

3. Exit Procedures Checklist: Step-by-step guide for completing departure procedures

4. Relevant Employment Contract Clauses: Copy of probation period and termination clauses from original employment contract

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Termination Letter

Sector

Cost

Free to use
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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