The employer, throughout the period of probation, retains the right to see whether he/she wants the employee in his/her employment.

Probation is an extension of the selection process, a period of learning and a time for attention, assessment and adjustment to standards of performance and conduct. Inherent in that is that it is a time for teaching, training and counselling.

A probationary employee knows that he/she is on trial and that he/she must establish his/her suitability for the post. The employer, on his side, must give the employee a proper opportunity to prove him/herself, but he/she reserves the right to determine the employment with appropriate notice provided he has reason for so doing.

An employee on probation can expect to be counselled and informed that she/he is not meeting the required standards of performance, to be given reasonable training in this respect, and to be warned of the possible consequences of a failure to improve. Provided this is done, an employee who is on probation would have little cause to complain if a decision was taken during the course of or at the end of a probationary period to terminate the employment.

A probationary employee is able to seek reinstatement, but an employer is entitled to terminate a probationary employee more easily, e.g. length of service is not a factor generally, because probationary employment is for a finite period and, in that period, assessment, training and acquisition of skills and demonstration of ability can occur.

Probation is not a licence for harsh, oppressive, capricious, arbitrary or unfair treatment of a probationer.

In assessing whether there was some failure on the Employer's part, or a lack of training, the seniority of the probationary employee's position and their professed qualifications and experience must be taken into account as attenuating the training requirements. What is reasonable training must be assessed by reference to the seniority of the position, its particular responsibilities and the occupant's past experience and qualifications.

Probation and casual are not synonyms. An employee may be engaged on a permanent or ongoing employment contract and be on a period of probation.

Employers who engage trainees can be expected to provide enhanced support, and failure to provide such support is a relevant factor in assessing whether dismissal was harsh, unjust or unreasonable.