Termination Of Employment Letter Within Probationary Period Template for Australia

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Key Requirements PROMPT example:

Termination Of Employment Letter Within Probationary Period

"I need a Termination Of Employment Letter Within Probationary Period for an underperforming software developer who started on January 15, 2025, with immediate termination and payment in lieu of notice, including clauses for the return of company laptop and security badges."

Document background
The Termination Of Employment Letter Within Probationary Period is a crucial document used by Australian employers when deciding to end an employment relationship during the initial probationary period. This document is typically used when an employee's performance, conduct, or fit within the organization has been assessed as unsuitable during their probationary period. The letter must comply with Australian employment law, particularly the Fair Work Act 2009 and National Employment Standards, while clearly communicating the termination decision, notice period, final pay arrangements, and any post-employment obligations. It serves as an official record of the employment termination and helps protect both parties by ensuring legal compliance and clear communication of all relevant details. The document is particularly important as it differs from standard termination letters due to the specific legal requirements and protections that apply during probationary periods in Australian employment law.
Suggested Sections

1. Letter Header: Company letterhead, date, and formal address to the employee

2. Employee Details: Full name, position title, and employment start date of the employee

3. Termination Statement: Clear statement of termination decision and reference to probationary period clause

4. Notice Period: Specification of notice period or payment in lieu of notice as per employment contract and Fair Work Act

5. Final Pay Details: Information about final salary, accrued leave, and other entitlements

6. Termination Date: Clear statement of the final day of employment

7. Company Property: Request for return of company property and list of items to be returned

8. Confidentiality Reminder: Reminder of ongoing confidentiality obligations

9. Signature Block: Space for employer signature, name, and position

Optional Sections

1. Reason for Termination: Brief explanation of termination reason - include only if legally required or if providing constructive feedback

2. Garden Leave: Include if employee is not required to work during notice period but will remain on payroll

3. Reference Provision: Statement about providing future employment references - include if company policy allows

4. Outplacement Support: Details of any career transition support offered - include if company provides this benefit

5. Non-Disparagement Clause: Include if there are concerns about potential reputational damage

6. Employee Acknowledgment: Space for employee signature - include if receipt confirmation is desired

Suggested Schedules

1. Final Payment Calculation: Detailed breakdown of final pay including salary, leave entitlements, and any other payments

2. Company Property Checklist: Itemized list of company property to be returned

3. Employee Entitlements Statement: Summary of any remaining benefits or entitlements

4. Exit Procedure Checklist: List of tasks to complete before last day

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Professional Services

Retail

Healthcare

Technology

Manufacturing

Education

Financial Services

Construction

Hospitality

Mining

Transportation

Agriculture

Non-Profit

Government

Telecommunications

Relevant Teams

Human Resources

Legal

People Operations

Employee Relations

People & Culture

Management

Administration

Payroll

Compliance

Relevant Roles

Human Resources Manager

HR Director

People Operations Manager

HR Business Partner

Employee Relations Manager

HR Coordinator

Department Manager

Line Manager

General Manager

Operations Manager

Chief Human Resources Officer

HR Administrator

Hiring Manager

Department Head

Chief Executive Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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