Still on Probation After 6 Months? You May Already Be Protected
It’s one of the most common workplace myths—and it can cost employees their job rights.
Many workers are told they’re “still on probation” even after six months of work. But here’s the truth: under the Fair Work Act 2009, your legal rights don’t wait for your employer’s probation policy to expire. The law doesn’t care what your contract says about extensive probation periods because what matters is how long you’ve worked for the company—and whether your employer is considered a small business. If your employer has 15 or more employees, you become eligible to file an unfair dismissal claim after six months of continuous employment. For small businesses (fewer than 15 employees), the minimum employment period is twelve months. This is a strict threshold. Once you pass it, you gain access to important legal protections—including the right to challenge an unfair dismissal. Whether your boss says you're "still on probation" is irrelevant.
Many employers set arbitrary probation periods that go for 6, 9 or even 12 months. But this is purely internal. It does not override your legal rights under the Fair Work Act. You don’t need to “complete probation” to be protected. You just need to hit the minimum employment period. If you’re dismissed after 6 months in a medium or large business, and the dismissal was unfair, you can lodge a claim—regardless of your contract's probation terms.
Why This Matters?
Employers sometimes rely on probation language to:
Avoid giving valid reasons for dismissal
Skip warnings or performance discussions
Pressure employees to leave quietly
But once you’ve worked the required time, they can’t hide behind probation. They must follow the rules, provide valid reasons, and allow you the chance to respond. Probation periods are a workplace tool—but not a legal loophole. Don’t assume you’re unprotected just because your contract says differently. If you’ve passed the six or twelve-month mark (depending on business size), and you’re dismissed unfairly, you may be entitled to lodge a claim.
