WA Resignation Period and Probation

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Orion

Member
1 February 2018
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I have two questions related to probation period and giving notice.

1. If a 6 month probation period has ticked over and now requires employee to give 3 months notice - can a week past the probation date still allow them to give a week?

2. If the probation period has expired however the company has not formally informed the employee they are no longer on probation and considered full time employee - does the provision of give notice period under the probation considered to be be still valid
 

Rod

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1. No, but may depend on more facts not stated.
2. No, but may depend on more facts not stated.

At face value the answers above are correct, but without seeing the wording of the employment contract or letter of offer I can't be certain.
 

Orion

Member
1 February 2018
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Thanks for the feedback. Just to close out -

The contract says - “On or before the expiry date, the Company will assess your suitability and operational requirements for continuing employment. The Company will either confirm your appointment or terminate your employment or extend your probation period”.

So if no confirmation is given or received then could the probation be considered to be in effect until either confirmed appointment, or termination or extension of probabtion?
Thereby allowing one week notice be given by either party or does as of the date the probabtion crass regardless of confirmation?

Thanks




QUOTE="Rod, post: 57464, member: 486"]1. No, but may depend on more facts not stated.
2. No, but may depend on more facts not stated.

At face value the answers above are correct, but without seeing the wording of the employment contract or letter of offer I can't be certain.[/QUOTE]
 

Rod

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Hmm, tough one to work out.

Suspect the answer may well be in what they and you said just prior to the expiration and in the one week after. One reading is that as you continued to work after the expiration they impliedly confirmed your employment.

Another way of reading it is that none of the events took place and your contract lapses.

I'm leaning towards the first reading.
 

Serge Gorval

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if you have reached six months as in service of employment is recognised to have exceeded six months then you get the 3 months notice. if you've taken a few weeks leave etc and haven't yet his six months then they can terminate on a week.
N.b. the 6 month period is usually used as when employees have jurisdiction to bring a claim for an unfair dismissal remedy.