How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Your Own Question
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5740
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
13248794
Type Your Australia Law Question Here...
Daniel is online now
A new question is answered every 9 seconds

I have a question about probation periods and the extension

Customer Question

Hi I have a question about probation periods and the extension of such.
A friend of mine is having issues with his 3 month probation being extended for another 3 months. He was told verbally of this on 23rd march , and in this meeting requested a letter to formalise this, that also included specific and measurable goals that he was to achieve during the next 3 months. This letter did not arrive until yesterday , 19th April, and he received an email yesterday to say it was in his pigeon hole. When he opened it , it is backdated to the 29th March ( the last day of his 3 month probation).
The letter also contains no specific goals, if anything it is a personal attack on him stating he has no respect for company property etc.
Since he began employment , he has been put on night duty, often doing 15 hour nights , and sometimes 90 hours per week.
He is mentally and physically exhausted, and I am asking for advice as he is now unsure as to whether he should reply to the letter stating he does not accept the allegations in there, as it is likely that this manager will terminate him ( as he is now on another 3 month probation.)
Also , the letter he received yesterday, but dated the 29th March, states his new probationary period to be from the 11th April - 11th July .. so we are wondering what his terms of employment actually were between the 29th Marc and the 11th April ?
I feel that the manager has not followed a process , and am seeking your expert advice on this
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
HelloSadly there is little that can be done, for one reason, he has still not worked over the required 6 month period to allow an unfair dismissal claim / fair work claim in the fair work commission. https://www.fairwork.gov.au/ending-employment/unfair-dismissalMinimum employment periodEmployees have to be employed for at least 6 months before they can apply for unfair dismissal.Employees working for a small business have to be employed for at least 12 months before they can apply.If there was a change of business ownership, service with the first employer may count as service with the second employer when calculating the minimum employment period. Sadly, that there is nothing that can be done due to that alone. Please click accept and rate my service. I am able to answer further questions after accepting.
Expert:  Daniel replied 1 year ago.
HelloI have not heard a response from you?I wish to assist. Please click accept and rate my service. I can answer further questions after doing so at no further cost.​I look forward to hearing from you.
Expert:  Daniel replied 1 year ago.
HelloI have not heard a response from you?I wish to assist. Please click accept and rate my service. I can answer further questions after doing so at no further cost.​I look forward to hearing from you.