Businesses will find it much harder to sack underperforming new hires shortly before they reach their six-month probation due to the High Court’s Qantas ruling, experts say.
Businesses will find it much harder to sack underperforming new hires shortly before they reach their six-month probation due to the High Court ruling against Qantas last week, experts say.will inspire claims against bosses who block the exercise of future workplace rights.
Employment law barrister Leigh Howard said it was common for employers to enact probationary dismissals shortly before the six-month threshold, and that was now “going to be tested pretty quickly”.“It’s an obvious consequence of the Qantas decision,” he said. “The days of HR sitting on their hands until the final days of the six months are at an end.”
Mr Howard said employers would struggle to argue that an operative reason for sacking a probationary employee was not to stop a future unfair dismissal claim.“If you can convince a judge the dismissal was for reasons that were bona fide, then you will win your case,” he said. “It’s going to result in probationary clauses in contracts being shortened and more rigorously managed to the detriment of everyone.”
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