Letters to confirm successful or unsuccessful probation

You can use these letters to confirm with an employee whether his or her employment will continue
beyond his or her probationary period (if applicable). You are not required by law to provide a letter like
this or to have employees on probation.
Information you’ll need to fill in:




the end date of the probationary period
if the probation ended successfully or unsuccessfully
if the person is going to continue to be employed by the business, and
if the employment will not continue, the period of notice of termination (or payment in lieu
of that notice).

Templates:
Successful probation (ongoing employment)
Unsuccessful probation (termination of employment)

Suggested steps for preparing end of probation period template letters
Step 1: Draft the letter
It is best practice to confirm with your employee that his or her employment will continue beyond the
probation period. The letter should be given to the employee before his or her probation period ends.
When drafting the letter you should:
 Review the letter of engagement to check the length of the probation period,
 Check whether the relevant industrial instrument (eg. an award or an enterprise agreement)
contains any compulsory rules about probation.
Need more information? Call the Fair Work Infoline on 13 13 94 or visit www.fairwork.gov.au.
Step 2: Meet with the employee
It’s best practice to meet with an employee towards the end of their probation period, but there is not a
legislative requirement to do so.
Meeting face-to-face is an opportunity for:
 you to provide feedback to the employee about their performance or conduct
 you to explain why the probation period was successful or unsuccessful.
Remember to keep a copy of the letter given to the employee and document the meeting for your
records.
If you do not intend to continue the employee’s employment after the probation period also follow Step
3:
Step 3: Provide notice of termination
Under the National Employment Standards, you need to give an employee written notice to end their
employment.
The written notice should specify:
 the period of notice given (or payment in lieu), and
 the date the employment will end.
Remember to also check if the letter of engagement or a relevant industrial instrument (e.g. an award
or an enterprise agreement) contains longer notice periods.
More on notice periods: Notice periods
Access letters of termination templates:

This template has been provided by the Fair Work Ombudsman (FWO) as part of its function to provide education. loss or damage. injury. The FWO does not provide this information for any other purpose. assistance and advice (but not legal or professional service advice). Rather. . You are not entitled to rely upon this information as a basis for any action that may expose you to a legal liability. it is strongly recommended that you obtain your own independent legal advice or other professional service or expert assistance relevant to your particular circumstances.

I am pleased to confirm your ongoing employment effective [immediately/from [insert date that is either on or before the first day after the probation period is due to end]]. Thank you for your contribution to [insert business name].[Print on your business letterhead] [Date] Private and confidential [Insert employee’s full name] [Insert employee’s residential address] Dear [insert name] Probation successful Your probation period with [insert company/partnership/sole trader name and the trading name of the business] is due to end on [insert date]. Yours sincerely [Insert name] [Insert position] . The terms and conditions of employment set out in your original [contract/letter of engagement] dated [insert date] will continue to apply to your ongoing position.