Navigating Probation: Balancing Fairness in Employment Termination

In a recent case presented before the Industrial Relations Commission of NSW, the termination of Tulshi Shrestha during his probationary period sparked a debate on the fairness of dismissal practices within this critical phase of employment. Shrestha argued that his dismissal lacked consultation, support, and adherence to proper procedures. This dispute underscored the delicate balance between employer discretion and employee rights, particularly highlighting concerns over the length of the probationary period and the fairness of termination during this probationary phase. Despite Shrestha's claims, the Commission ruled in favor of the employer, underscoring the importance of procedural fairness and reasonable expectations in such scenarios. This decision offers valuable insights for employers navigating probationary policies and practices, emphasizing the need for transparent communication and fair evaluation throughout probationary periods.

https://www.hcamag.com/au/specialisation/employment-law/worker-fired-during-probationary-period-argues-unfair-dismissal/476024?hsmemberId=462332&tu=74D87648-0F0D-42C9-AF08-3220088B1819&utm_campaign&utm_medium=20240206&_hsmi=293025857&utm_content=74D87648-0F0D-42C9-AF08-3220088B1819&utm_source