Probation
Public Service
Overview
On first employment or re-commencement in a VPS ongoing position, a person may be subject to a period of probation. Probation does not apply in respect of transfer or promotion of VPS employees, ongoing members of the Teaching Service, employees entering fixed term employment or persons paid a casual rate of pay. Where a probationary period is to apply, this must be indicated in the written offer of employment. It is expected that a probationary period of not more than three months would apply.
Probation provides support and feedback to the employee and confirms the employee's suitability for employment. Assessment of suitability during the probationary period is against the job requirements. The manager or base school principal is to consider the employee's performance and then determine, on the balance of evidence, whether the employee is performing to the required standard.
Stages of Probation
There are three stages of the probationary process as detailed below.
Commencement of probationary period
At the commencement of the probationary period, the manager will ensure that the employee is advised in writing and understands:
- the length of the probationary period;
- the required standards of performance in the context of the employee's role and experience consistent with their agreed performance plan; and
- the consequences of not satisfying the probationary requirements.
During probation
During the probationary period, the manager should monitor the employee's performance and provide regular feedback. The employee should be given the opportunity to discuss his/her performance with the manager at a mid-probation meeting. The employee may bring an observer (work colleague or union representative) to this meeting. The manager should keep a record of this meeting and include it with the final probation report.
Where the performance of the employee makes it probable that the probationary period will not be completed satisfactorily, the manager will meet with the employee and explain clearly:
- the required standards of performance;
- how the employee has failed to meet the required standards of performance;
- the consequences of continued or repeated failure to meet these standards; and
- the support that will be provided to assist the employee to meet the required standards.
Conclusion of probationary period
At the conclusion of the probationary period, the manager will meet with the employee to discuss the employee's performance. The manager will make an assessment and meet to discuss that assessment with the employee. The manager must determine that:
- the employee has satisfied the requirements for continued employment and that the employment is confirmed; or
- there is a need for the employee to undertake a further probationary period of not more than three months; or
- the employee is not suitable for continued employment and the employment is terminated.
Where the employee’s non-attendance at work limits the manager’s ability to properly assess him/her, the manager will determine whether there is a need for the employee to undertake a further probationary period.
Where the manager determines that either the employment is to be confirmed or a further probationary period is required, the matter must be referred to the General Manager/Regional Director for a decision under delegation from the Secretary.
Where the manager determines that the employee has not met the required standards and should have his or her employment terminated, Corporate HR Services must be contacted for advice as any decision to terminate employment in these circumstances must be referred to the Secretary for a decision. If the employment is terminated, there is a requirement to give two weeks' notice or two weeks’ payment in lieu of notice. This is subject to the right to terminate an employee’s employment without notice or payment in lieu of notice if the employee has committed any act of serious misconduct.
At the conclusion of the probationary period, the probation report must be placed on the employee's personnel file. A copy must be provided to the employee.
Employee Movement during Probation
Employees who transfer during a probationary period
An employee who transfer during a probationary period will be required to complete the probationary period determined by the manager of the original position. The probation documentation should be forwarded to the new manager. The new manager has the responsibility for finalising the assessment. It is expected that the two managers will consult to determine the assessment.
Employees promoted during a probationary period
An employee who is promoted during a probationary period is not required to complete probation provided that the manager of the original position finalises the probation assessment. If the probationary period has been satisfactory, the report is to be forwarded to the new manager who may then proceed with the promotion process. If the probationary period has not been satisfactory, the recommendation for promotion will not be approved.
Review of Action (Personal Grievance)
Employees may lodge a Review of Action (Personal Grievance) with the Merit Protection Board in relation to an unsatisfactory probation outcome.
Employment without probation
In certain circumstances, it may be appropriate to employ a person without the requirement to serve a probationary period. Such circumstances could include, but are not limited to, the following:
- where the person has had a satisfactory period of employment in a similar position;
- where it is considered necessary to waive probation provisions in order to attract the person to the position;
- where an individual's substantiated record supports that he/she can satisfactorily meet all the requirements of the position.
Approval to employ a person without probation will be determined by the General Manager/Regional Director on the recommendation of the manager. In making this recommendation, the manager will need to provide supporting information which will assist the General Manager/Regional Director in the decision.
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